E-LEMENTO — TERMS OF USE, SOFTWARE LICENSE AND CONTRACTING CONDITIONS

1. Subject matter, definitions and scope

1.1. These Terms govern access to and use of the E-lemento SaaS service, which, according to the purchased plan, allows the generation, configuration, customization, organization, distribution and monitoring of dynamic QR Codes and their associated content, redirects, reports, participants and auxiliary features.

1.2. Platform: systems, websites, interfaces, available APIs and logical infrastructure operated by E-lemento. User: an individual who accesses the service. Customer: the individual or legal entity responsible for contracting. Account: the administrative unit for resources, permissions, plan and billing. Customer Content: texts, addresses, images, files, trademarks, data and other materials entered, associated with or referenced by QR Codes. Dynamic QR Code: a symbol leading to an address managed by the Platform that can direct to configurable content. Order: the commercial offer and conditions confirmed at checkout, in a proposal or a specific instrument. Consumer: a party to whom consumer legislation applies, including a legal entity where appropriate.

1.3. The contract includes: (i) the confirmed Order; (ii) accepted specific commercial conditions; (iii) these Terms; (iv) the Privacy Policy; (v) the Acceptable Use Policy (AUP), incorporated by reference when made available to the Customer before acceptance; and (vi) negotiated addenda, such as a DPA. In a conflict, the specific instrument expressly negotiated on the matter prevails, without excluding mandatory rights. Mandatory offer information prevails over incompatible generic provisions.

1.4. Use of the service requires informed acceptance of these Terms and recording of the applicable version; use alone or silence does not remedy an absence of consent or information where legally required. The person contracting on behalf of a company declares that they have authority and is responsible for the truth of that representation within legal limits.

2. Nature of the service and absence of transfer of ownership

2.1. The contract grants temporary access to a hosted service, rather than a sale of software or an assignment of source code, domain, technical design, technology, trademark, methodology, infrastructure or a right to exploit the service independently.

2.2. The license is limited, non-exclusive, non-sublicensable, revocable in contractually specified circumstances and tied to the term, permissions and features of the Order. It permits internal use and lawful distribution of generated QR Codes, including in printed materials, while applicable conditions are maintained.

2.3. E-lemento retains all rights to its code, proprietary components, documentation, protectable original interfaces, trademarks, visual identity, technical models, structures and trade secrets, subject to licensed third-party material and customers’ pre-existing rights.

3. Content ownership, operational license and institutional reference

3.1. The Customer retains the rights they lawfully hold over their Content. They declare that they have the rights, permissions and legal bases necessary to publish, host, change, redirect and make it available.

3.2. To provide the service, the Customer grants E-lemento a non-exclusive, royalty-free license with sufficient territorial scope to store, technically reproduce, convert formats, generate previews, transmit, make available and process their Content according to instructions, configuration and the law, during the term and legitimate retention periods. Except for the strictly limited institutional reference in items 3.5 to 3.8, there is no general authorization for advertising, resale or model training using Customer Content.

3.3. E-lemento may produce aggregated and effectively anonymized statistics for operation, reliability and improvement, without identifying people or revealing confidential information, in accordance with the LGPD.

3.4. The Customer is responsible for the quality, truthfulness, currency, accessibility, third-party rights and legality of their destinations and content, without excluding E-lemento’s own liability for conduct attributable to it.

3.5. By accepting these Terms on behalf of a legal entity, the Customer authorizes E-lemento, on a non-exclusive and royalty-free basis, to display its business name, trademark and logo on E-lemento’s institutional websites solely to identify it as a company that uses or has used the Platform. This identification must correspond to actually verifiable use and does not require additional authorization for each display, subject to the limits and right to object in this section.

3.6. The institutional reference does not represent the Customer’s endorsement, recommendation, sponsorship, partnership or approval of E-lemento. The authorization does not cover advertisements or advertising campaigns, testimonials or case studies, which require specific authorization. Display must respect the brand’s visual identity and integrity, without derogatory or misleading use or use capable of harming its owner’s image or reputation, and does not transfer ownership of those signs to E-lemento.

3.7. Authorization is limited to signs over which the Customer holds the necessary rights or authority; entering third-party trademarks on the Platform, including by an employee, agency or service provider, does not in itself authorize presenting those parties as E-lemento customers.

3.8. The Customer or trademark owner may object to institutional use or request removal by email to info@e-lemento.com, identifying the company and trademark concerned. E-lemento shall acknowledge receipt by email and remove the business name, trademark and logo from channels under its control within 15 (fifteen) calendar days after that acknowledgment. From acknowledgment onwards, no new institutional uses of the signs covered by the request shall begin.

4. Prohibited use, Acceptable Use Policy and protection against cloning

4.0. E-lemento’s Acceptable Use Policy (AUP) supplements the conduct rules in this section and details content, redirects, traffic, integrations, security, reports and abuse response. The AUP may not retroactively create more onerous material obligations or exclude legal safeguards; in a conflict with these Terms, these Terms and mandatory legal provisions prevail. Material changes follow section 22.

4.1. Unless expressly authorized or permitted by a mandatory legal right, the following are prohibited: (a) obtaining, attempting to obtain or disclosing source code, trade secrets, keys or internal architecture through unauthorized access, decompilation or impermissible reverse engineering; (b) reproducing, distributing, licensing or commercializing protected Platform elements; (c) removing ownership notices, watermarks or access controls; (d) copying non-public databases, data collections, materials or documents at scale through unauthorized scraping, crawling or automation; (e) circumventing limits, authentication, billing, anti-abuse protections or security controls; (f) exploiting vulnerabilities, conducting intrusive tests or interfering with the service without authorization; (g) using third-party credentials or impersonating identities; (h) reselling accounts, sublicensing access, operating as a white-label service or providing a competing service through unauthorized access; (i) using the Platform to train models or build substantial reproductions by unlawfully extracting protected information; (j) introducing malware, phishing, fraud, spam, unlawful content or content infringing rights.

4.2. These prohibitions do not prevent study of public information, lawful competition, use of unprotected ideas and features, authorized research, regular exercise of rights, legally permitted interoperability or the exceptions under Brazilian Law No. 9,609/1998. Functional similarity alone does not establish infringement.

4.3. Security or vulnerability reports may be sent to the official contact. Responsible reporting does not authorize data exposure, persistent access, exfiltration or deliberate disruption.

4.4. Reasonable evidence of abuse may justify resource restrictions, credential blocking or proportionate suspension, preserving evidence and a channel to contest the measure, subject to section 17.

4.5. Infringement of intellectual property rights or confidentiality may lead to cessation of the conduct, interim relief, content removal and compensation for proven damages within legal limits. No automatic fine or minimum damage is presumed without a valid and proportionate stipulation.

5. Registration, identity, accounts and permissions

5.1. The Customer provides truthful information and keeps it up to date. The person responsible for the Account controls invitations, roles, participants, limits and payments and must remove unnecessary access. An invitation does not transfer financial ownership or rights over the Platform.

5.2. Credentials are personal; indiscriminate sharing, sale and use of false identities are prohibited. The Customer is responsible for actions by users they authorized to the extent legally attributable to them and must promptly report suspected compromise. E-lemento may require proportionate checks and anti-fraud measures.

5.3. Registration or access by minors shall observe applicable legal rules; the Platform is not intended for children without appropriate authorization and safeguards. The responsible person must prevent improper disclosure of minors’ data through public QR Codes.

6. QR Code operation and distribution risks

6.1. A dynamic QR Code depends on a managed URL/infrastructure. Its destination may change without changing the symbol, according to the product’s actual characteristics. Changes to artwork, design, contrast, size or printing medium may require regeneration and redistribution.

6.2. Previews, simulations and examples do not replace the final QR Code actually saved and downloaded. Before distribution, the Customer must test readability on ordinary devices, the final URL, destination, any access restrictions and compatibility with the physical medium. Testing a printed sample and periodic review after campaigns are recommended.

6.3. URLs and domains operated by E-lemento remain under its administration; a persistent link does not constitute assignment of the domain or a perpetual promise of resolution or redirection. Account, plan, removal, risk, legal blocking, discontinuation and closure circumstances may affect access.

6.4. E-lemento does not control the availability, security, content or changes of third-party websites, applications, browsers, networks and destination URLs. It does not guarantee conversions, sales, audience, ranking, compatibility with all cameras or indefinite preservation of physical campaigns.

6.5. The Platform does not offer new static QR Code creation in the offering described by the previous draft. Any legacy codes follow the conditions and features specifically maintained, without presuming automatic conversion.

7. Plans, limits and fair use

7.1. Prices, features, allowances, billing periods, resources, quantitative limits and free and paid plan rules are those presented in the Order before purchase. Informational advertising materials do not replace the confirmed offer.

7.2. The Customer must not exceed limits by creating artificial accounts, manipulating invitations, collectively sharing credentials or using automation intended to defeat the plan. In cases of abnormal and objectively harmful consumption, E-lemento may take proportionate action, apply documented limits and offer migration or remediation, respecting conditions already contracted.

7.3. Free, trial or beta features may have specific limitations disclosed in advance. Beta features may be unstable, change or be discontinued, subject to the law; using them does not automatically grant access to premium features.

8. Billing, payment, taxes and non-payment

8.1. Payments are processed by partners identified in the commercial flow. New purchases use Stripe according to the original draft; legacy contracts may use PayPal. Charges shall use only methods actually available and authorized at checkout.

8.2. Automatic renewal, billing cycle, total amount, billing frequency and cancellation must be clearly shown before confirmation. Merely storing a card does not authorize new charges outside applicable contractual consent.

8.3. Prices may include or exclude taxes according to the offer’s express specification and the law. Mandatory tax corrections, including due to changes in law, shall be handled transparently. The Customer shall provide correct tax information.

8.4. In the event of non-payment, E-lemento may notify the Customer, request updated payment and, after notice and a reasonable period appropriate to the circumstances, limit paid features or suspend the Account. Fraud, immediate risk or a legal obligation may justify faster action. Previously incurred lawful charges remain payable; canceled future services shall not be charged contrary to law.

8.5. Reprocessing, reversals, disputes and unconfirmed payments shall be reconciled before irreversible measures. E-lemento may combat abusive chargebacks with documentation, without preventing legitimate disputes.

9. Future prices, plan changes and renewal

9.1. E-lemento may change plans, limits or prices for future periods, providing clear information with advance notice appropriate to the circumstances and the law. Paid cycles shall not be changed retroactively, nor new amounts charged without required information/authorization.

9.2. Upgrades and downgrades may change features, allowances, collaboration, statistics and QR Code eligibility, according to the summary displayed before confirmation. Unused time does not mean redeemable credit outside communicated rules or legal rights.

9.3. When capacity is reduced, the Platform must disclose the essential expected effects of the change. Content exceeding the new allowance may become unavailable under expressly presented conditions; where provided for, the Customer must select the resources that shall remain active.

9.4. Continued provision of a particular feature, interface, provider, integration or architecture is not guaranteed forever. E-lemento may evolve, replace or discontinue components, providing reasonable notice where a change is material and offering solutions or rights required by law when a contractual obligation is affected.

10. Cancellation, withdrawal, refunds and closure

10.1. The Customer may request cancellation through the Account’s available billing channels or the official email. Confirmation must state the effects on renewal, final access date, QR Codes and data, and any balance or amount due. The procedure must not be disproportionately more difficult than purchasing.

10.2. In consumer relationships contracted away from business premises, the right of withdrawal within the period under article 49 of Brazil’s Consumer Defense Code (CDC) is assured where legally applicable, without automatic waiver through initial use of a digital feature.

10.3. Outside legally required or expressly offered refunds, cancellation does not imply an automatic proportional refund of a contracted period already started, subject to the offer, good faith, circumstances and applicable rules. Abusive penalties shall not be imposed.

10.4. Canceling renewal, deleting a QR Code, archiving content, reducing a plan and requesting Account closure are distinct acts. The Customer must check impacts on public links and physical materials before completing each action.

10.5. For up to 15 calendar days after effective Account closure, the Customer may request export of data they own and eligible content, subject to verification of identity and authorization. This window is a request period, not a promise of instantaneous availability, service restoration or a proprietary format. The export shall be delivered in a reasonably usable and technically available format, within a period communicated according to complexity and legal obligations. Statutory personal data access and portability rights are not limited by this window.

10.6. After that period, data may be deleted, anonymized or retained according to retention policies, backups, fraud prevention, legal compliance, defense of rights and legitimate needs. Neither immediate physical deletion nor unlimited retention is promised. Applicable blocking and deletion shall comply with legal obligations.

11. Availability — limited 97% commitment and commercial credits

11.1. For eligible paid subscriptions, E-lemento assumes a contractual monthly availability commitment of 97% (ninety-seven percent) exclusively for the core public redirection feature of active dynamic QR Codes hosted and managed by the Platform, calculated under this section and Annex I. The target does not, by itself, cover the administrative dashboard, editing, reports, experimental features, third-party destination services, user connections or components not expressly included. Valid special Order conditions prevail.

11.2. Monthly availability = 100 × [1 − (eligible downtime minutes ÷ total minutes in the calendar month)], subject to the causally justified exclusions in Annex I. Eligible downtime requires a provable technical failure of the redirection core that broadly prevents resolution of active dynamic QR Codes in accounts in good standing; isolated slowness, an external destination failure or a Customer-specific problem do not, by themselves, constitute eligible downtime. The percentage covers the full calendar month in Brasília time and is distinct from support or resolution time.

11.3. This commitment belongs solely to E-lemento and is limited in scope; it is not a pass-through of a 99.9% guarantee or any other SLA contracted with AWS or providers. Availability of servers or other isolated components alone does not prove end-to-end redirection availability. E-lemento shall employ reasonable maintenance, monitoring and recovery measures, without promising complete absence of errors or a fixed restoration time.

11.4. Reasonably announced planned maintenance and indispensable emergency interventions may be excluded from measurement only within the transparent limits of Annex I and when causally related to the event. Failures of contracted infrastructure do not automatically exclude E-lemento’s own liability as supplier; exclusion of third-party failures requires assessment of their external nature, inevitability and required duties of care. Mandatory legal rights are preserved.

11.5. Additional commercial credit for interruption follows the Annex I table, starting at 24 accumulated hours in the month, independently of the separate calculation of the 97% commitment. The percentage commitment may therefore be breached before the first credit threshold is reached; applicable legal and contractual rights remain available in that case, without automatic exclusion because there is no credit. The table is not an exclusive remedy or a limitation of consumer rights.

11.6. E-lemento shall maintain a technically sound method for monitoring and measuring availability covered by this commitment, without prejudice to other lawful evidence. Other features remain subject to diligent service and best efforts, according to the offer and the law.

12. Customer service and support

12.1. The standard channel is info@e-lemento.com, Monday to Friday, from 8 a.m. to 5 p.m. (Brasília time), excluding São Paulo city, São Paulo state and national public holidays. Requests received outside these hours shall be handled from the next support period. There is no 24-hour on-call or full-time support service.

12.2. Opening a ticket, acknowledging receipt, providing a response and technical resolution are distinct events. For consumer e-commerce requests, E-lemento shall provide suitable electronic support, immediately acknowledge receipt and provide a response within 5 (five) days under Decree No. 7,962/2013. This response period does not guarantee technical resolution within the same period. Non-consumer business requests have no fixed first-response or resolution deadline unless specifically contracted.

12.3. Privacy, security, withdrawal, cancellation and other statutory rights requests shall follow their own legally prescribed channels and deadlines, regardless of ordinary support hours. Statutory receipt and acknowledgment workflows must also work outside human support hours where required. Security alerts may be reported through the published channel, without creating a 24-hour on-call support contract.

12.4. Unless expressly contracted, support does not include consulting, campaign creation, printing, customized migration, bespoke development, training, third-party integrations or support for Customer equipment and networks.

13. Security, backups and compromised accounts

13.1. E-lemento must adopt security measures appropriate to risk and applicable law. No architecture entirely eliminates the possibility of failures, compromise or incidents.

13.2. Backup procedures, retention, frequency, recovery and scope depend on the actual operational architecture; these Terms do not guarantee continuous backup, RPO, RTO, individual restoration or lifetime storage. Specific commitments must be disclosed only when demonstrably implemented.

13.3. The Customer shall keep local copies of relevant material, control permissions and report suspicious access. These duties do not release E-lemento from its own service security and LGPD obligations.

14. Personal data protection

14.1. The Privacy Policy explains personal data processing in E-lemento’s activities. Depending on the operation, E-lemento may act as controller for registration, security, billing and its own operations, and as processor for personal content processed under the Customer controller’s instructions. Roles must be defined by the actual processing, rather than by this wording alone.

14.2. A Customer determining content and processing purposes is responsible, to the extent of their actions, for the legal basis, information to data subjects, lawful publication and lawful instructions; E-lemento retains its own legal responsibilities. Neither party may be required to assume violations exclusively attributable to the other.

14.3. Business Customers may enter into a Data Processing Agreement (DPA) where necessary, covering subject matter, purposes, categories, subprocessors, measures, incidents, assistance and data disposition. In the absence of a DPA, legal obligations remain valid and authorization for unlawful processing is not presumed.

14.4. The Customer must not publish confidential information, passwords, identity documents, sensitive data or minors’ data in a public QR Code without specifically assessing legality, security and suitability. A public QR Code is not an authentication mechanism.

15. AI, metrics and integrations

15.1. The AI assistant may provide information and, according to features actually enabled, help prepare, review and create QR Codes and open support tickets. Actions are linked to the authenticated user and selected Account, subject to permissions, plan, quotas and confirmations required by the Platform. Assisted QR Code creation requires the user to confirm the proposal and does not authorize automatic publication. The assistant does not change permissions or execute charges, refunds, cancellations or contractual changes; financial requests are referred to support for assessment by the responsible people. Its answers may be inaccurate and must be checked before important decisions.

15.2. The Customer must not send passwords, tokens, card details or unnecessary sensitive data to the assistant. Processing, providers and retention must reflect the actual configuration and Privacy Policy. There is no general license to train third-party models with private Customer content.

15.3. Statistics are operational estimates; scans do not equal sales, unique people or physical presence, and IP-derived location is approximate. External services may affect accuracy and timeliness.

15.4. Third-party services, including payments, identity, hosting or external destinations, may be subject to their own conditions. E-lemento does not control independent third-party acts, without prejudice to legal duties concerning activities it contracts and administers.

15.5. Use and abuse prevention rules also apply to assistant interactions and assisted actions under the Acceptable Use Policy, particularly section 11. Natural language requests or instructions embedded in content do not expand the user’s access or replace required confirmations.

15.6. Personal data processing and measurement technologies are described in the Privacy Policy and cookie preferences. Acceptance of these Terms does not replace specific choices about optional analytics or other purposes requiring consent.

16. Reports, moderation and third-party protection

16.1. Reports of fraud, rights infringement, phishing, exposed data or illegal material may be sent through the published contact, identifying the QR Code, grounds and minimum supporting details. E-lemento may request additional information, preserve records and impose proportionate restrictions.

16.2. Depending on severity, E-lemento may remove content, make a QR Code inaccessible, suspend a session, restrict creation, block suspicious payments or close an account where legally or contractually justified.

16.3. Where compatible with the investigation, urgency and law, the Customer shall receive notice and an opportunity to explain or challenge the measure. Preventive restriction does not imply a final finding of fault.

17. Suspension, termination for cause and exit

17.1. Fraud, phishing, malware propagation, vulnerability exploitation, intrusion, non-payment after the applicable procedure, a material unremedied breach of these Terms, a competent authority’s order or a concrete threat to the Platform or third parties may justify proportionate measures.

17.2. Remediable violations may receive notice and a reasonable opportunity to correct them, except in urgent, serious or legally restricted situations. E-lemento may terminate unviable relationships due to a proven serious violation, with financial adjustment and data handling according to law.

17.3. Termination for any reason does not transfer source code, domains, infrastructure or a right to perpetual redirection to the Customer; confidentiality obligations, overdue payments, data rights, intellectual property rights and accrued liabilities remain preserved.

18. Warranties, risks and legal limits

18.1. E-lemento provides the features described in the offer, with diligent service and legally required standards. It does not promise a particular commercial result, increased traffic, absolute absence of vulnerabilities or operation of an external URL controlled by someone else.

18.2. Provisions excluding liability for intentional misconduct, gross negligence where impermissible, breach of a mandatory legal duty, consumer damages that cannot legally be limited or infringement of data subjects’ rights are inapplicable. Defective services shall be handled under the relevant legal framework.

18.3. The duty to mitigate damages is reciprocal and reasonable; the Customer must test campaigns, correct URLs under their control, preserve evidence and report problems, without improperly transferring the risks of E-lemento’s business.

19. Liability, damages and distinct B2B clause

19.1. Each party is liable for damages it causes according to law, causation, evidence, fault or applicable strict liability and other relevant requirements. Exclusions for third-party events are valid only where E-lemento has no legal responsibility for the event.

19.2. Solely for business contracts where equal-party negotiation is legally valid and prohibitive consumer rules do not prevail, the parties agree that: (i) hypothetical lost profits, speculative lost opportunities and indirect/remote damages without adequate causation are excluded; (ii) E-lemento’s aggregate contractual liability for proven direct pecuniary damages arising from ordinary service failures, including related events based on the same cause, is limited to the greater of (a) the amount actually paid by the Customer to E-lemento for affected services in the 12 (twelve) months before the first triggering event and (b) 1 (one) current contractual monthly fee for the affected service on that date. For annual subscriptions, the reference monthly fee is 1/12 of the contractual annual price, excluding separately stated taxes, one-off services and non-recurring charges; for a free plan without a recurring price, no artificial floor applies and relevant legal criteria prevail; (iii) this cap does not cover duties and circumstances that cannot legally be limited, intentional misconduct, intellectual property violations by the responsible party, fraud or non-limitable statutory data protection obligations.

19.3. The limit in item 19.2 does not reduce the obligation to deliver the contracted service or correct defects where legally required, nor does it cover remedies or duties that cannot be limited. Liability is assessed across related claims, without multiplying the cap per incident, user or complaint. The B2B cap does not automatically apply to individual consumers or legal entities protected by the CDC, nor to non-contractual liability or statutory rights whose limit cannot be agreed. If part of the clause is invalid, the remaining severable provisions survive.

19.4. The parties shall handle claims in good faith, with cooperation and appropriate loss containment measures. Commercial credits shall not be interpreted as an automatic admission of fault or final quantification of damages. Where the item 19.2 limitation legally applies, the aggregate compensatory damages payable by E-lemento for events covered by that same limitation shall not exceed its cap. Subscription credits under Annex I are a separate commercial benefit; any offset to avoid duplicate recovery of the same loss requires a legal basis, does not automatically convert them into damages and does not exclude mandatory rights.

19.5. The cap in item 19.2 limits only the ordinary contractual civil liability described there; it does not limit fines imposed by authorities, tax obligations, regulatory sanctions, statutory duties towards data subjects or third parties, or other obligations whose limitation is prohibited by law. The 12-month cap is not presumed to equal twelve future monthly payments: the criterion is the amount actually paid in the twelve months before the triggering event, subject to the one-month fee floor in expressly covered cases.

20. Third-party claims and recourse reimbursement

20.1. To the extent permitted by law, the Customer must reimburse E-lemento for direct, proven, necessary losses causally attributable to unlawful publication, infringement of third-party rights or illegal instructions by the Customer, including reasonable defense costs actually incurred, after notice and an opportunity to participate in the defense wherever possible.

20.2. Liability for a defect, security failure, unlawful act or legal non-compliance attributable to E-lemento is not transferred to the Customer. Third-party settlements may not be imposed on the other party without reasonable consent, except where legally required.

21. Confidentiality and business information

21.1. Non-public information identified as confidential or recognizable as such by its nature, including negotiated prices, non-public architecture, credentials and trade secrets, shall be used only to perform the contract, with proportionate protection.

21.2. Information that is public without a breach, lawfully obtained from third parties, already known without restrictions or independently developed is excluded, where demonstrable. Legally compelled disclosure shall be preceded by notice where permitted.

21.3. Confidentiality survives for 3 years after closure, while trade secrets remain protected for as long as they retain that legal status. This obligation does not prevent reporting unlawful acts or exercising rights.

22. Contractual changes and technological development

22.1. Improvements, security fixes and interface changes that preserve essential contracted characteristics may occur continuously. Changes that remove an essential feature from an active plan, materially compromise service usefulness or change economic conditions of a paid period require reasonable advance notice and alternatives or consequences provided by law and the offer. E-lemento may update the Terms to reflect legal requirements, security, operation, commercial models and technological development. It shall keep version and date accessible; material changes affecting rights and obligations shall be communicated reasonably in advance and require new acceptance where applicable.

22.2. Prices and limits for future renewals may change with clear information and legally appropriate advance notice, including an opportunity not to renew, without unilateral retroactive change to a purchased cycle. A more onerous clause shall not apply retroactively to completed events, a paid cycle or prior consent without legal grounds. If a material change is not accepted, the Customer may exercise applicable cancellation/termination rights.

22.3. Failure to charge or to exercise a right on a particular occasion does not constitute permanent waiver. Invalidity of a severable clause does not invalidate the remainder within legal limits.

23. Electronic evidence and communications

23.1. The parties recognize the admissibility of lawfully obtained electronic records of registration, acceptance, version, date/time, technical identifiers, orders, invoices, plan changes, communications and Account actions, without an absolute presumption of truth or restriction on the right to challenge evidence.

23.2. Operational and contractual communications shall be sent to Account contacts or made available in the dashboard, using a specific channel where required by law. The Customer must keep contact details up to date. Billing, security and contract performance messages are distinct from optional advertising.

23.3. Electronic communications must respect confidentiality, integrity and proportionate personal data retention obligations.

24. Governing law, dispute resolution and jurisdiction

24.1. Brazilian law applies. The parties shall seek an amicable solution through the stated channel, without requiring exhaustion of administrative remedies before access to the courts, consumer protection bodies or ANPD.

24.2. For business disputes without another mandatory legal jurisdiction and without a protected consumer relationship, the courts of the Judicial District of São Paulo/SP are elected, without prejudice to exclusive jurisdiction and other mandatory rules. For consumers, protective rules and forums guaranteed by law prevail.

25. Final provisions and hierarchy of protection

25.1. No contractual provision permits data processing contrary to the LGPD, restricts mandatory statutory rights or excludes liability assigned to E-lemento by law.

25.2. The Customer declares access to essential offer characteristics and recurring billing and cancellation rules before acceptance; this declaration depends on a verifiably implemented contracting flow and does not replace concrete evidence.

25.3. These Terms take effect for new contracts after publication and valid acceptance, according to the effective date published on the website. Earlier contracts follow their own conditions until a legitimately agreed change.

25.4. In electronic contracting, E-lemento shall make essential offer information, amounts, frequency and renewal, cancellation rules, links to current documents and Order confirmation available in advance, according to applicable rules. Earlier contracts follow their own conditions until a legitimately agreed change.

ANNEX I — COMMERCIAL POLICY ON INTERRUPTION CREDITS

Important: for eligible paid subscriptions, the 97% guarantee concerns exclusively the QR Code redirection core under section 11; it is not an SLA for the whole Platform, an RTO or an RPO. The credits below are an additional commercial benefit conditional on this Annex’s requirements. They do not automatically apply to free plans, trials, beta features or external links and destinations.

1. Eligible event. Interruption of the public dynamic QR Code redirection service core controlled by E-lemento and attributable to technical failure in systems under its operational responsibility, broadly preventing the essential redirection feature for active QR Codes in accounts in good standing. Downtime affecting only the administrative dashboard is not an eligible event under this program, without excluding legal rights. E-lemento may expand the program in a specific offer.

2. Calculation. Duration is counted in minutes from event start to recovery, including reasonable evidence predating the internal alert, based on a combination of independent technical service monitoring, logs and reasonable evidence provided by the Customer. The 97% commitment is measured using the total minutes in each calendar month and eligible interruption minutes, applying justified exclusions. E-lemento shall assess discrepancies in good faith and shall have no absolute presumption that its records are infallible. Simultaneous events are not counted twice. The measurement methodology must be documented and maintained throughout the commitment’s term.

3. Causal exclusions. The following are excluded only to the extent they actually cause the problem: (a) the user’s internet, device, camera, network and software; (b) external destinations and Customer content; (c) lawfully suspended accounts, valid plan limits, removed/archived QR Codes; (d) maintenance announced reasonably in advance where possible, or emergency maintenance indispensable to security; (e) force majeure, external attacks or provider failures beyond E-lemento’s reasonable control, provided it takes the measures legally incumbent on it. Merely contracting third-party infrastructure, including AWS, neither releases E-lemento from its own duties nor automatically justifies exclusion from the calculation; an actual and demonstrable external exonerating cause must exist.

4. Commercial credit scale: the accumulated total of eligible interruptions within each calendar month for the same affected Account corresponds to the following non-cumulative credits:

The scale is a commercial benefit independent of the limited 97% guarantee in section 11; it neither authorizes downtime nor restricts legal remedies for breach of the percentage obligation. Bands are not cumulative, and the benefit is capped at 30% of the affected monthly fee per calendar month. For annual plans, the calculation basis is 1/12 of the actual contracted recurring annual amount, without changing billing frequency. Months of 28, 29, 30 or 31 days use the same absolute hourly thresholds for credits, without changing the monthly percentage commitment. Lack of entitlement under this table does not prevent rights arising from breach of the 97% commitment or other legal rights where applicable.

5. Request. The Customer may request assessment within 30 calendar days after the event month, identifying the Account, affected QR Code where possible, approximate period and reasonably available evidence. Consumers shall not be required to provide technically inaccessible proof or meet requirements that make a legal right impracticable. E-lemento shall give reasons for approval or refusal and provide a channel to challenge the decision, subject to statutory consumer response deadlines. The contractual deadline for an additional benefit does not limit consumers’ legal claims.

6. Grant. After validation, credit shall be recorded and deducted from the same Account’s next eligible recurring charge, or the following charge if the invoice has already closed, without transfer, automatic cash conversion or application to separately charged taxes where legally possible. If there is no future charge, this benefit shall not automatically convert to cash, subject to legally mandatory refunds, reductions or remedies and acquired commercial rights whose fulfillment is legally enforceable. Waiver of a legal remedy shall not be required, nor shall consumer resolution through a legally due refund be prevented.

7. Limitations. Credit is a standardized commercial benefit for eligible interruption; it is not an admission of liability, full compensation or an exclusive means to exclude mandatory rights. Where appropriate, amounts actually granted may be considered in assessing restoration of the same loss to avoid duplicate recovery under the law.