Last Updated: March 20, 2026
Effective Date: March 20, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and M D LABS CONSULTORIA E TREINAMENTOS LTDA (CNPJ: 32.174.043/0001-80), located in Cabo Frio, RJ, Brazil ("Company," "we," "us," or "our"), governing your access to and use of ChatBits (https://smochat.app/), including all features, tools, APIs, and related services (collectively, the "Service").
By creating an account or using the Service, you agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, and all other policies referenced herein. If you do not agree, do not use the Service.
You must be at least 18 years old and have the legal authority to enter into these Terms. If you are using the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms. The Service is not intended for use by minors under 18 years of age, in compliance with the Children's Online Privacy Protection Act (COPPA) and applicable laws.
ChatBits is a SaaS platform that enables publishers and businesses to automate customer interactions through Facebook Messenger and Instagram Direct messaging. The Service includes:
4.1 Account Creation
To use the Service, you must create an account by providing accurate and complete information, including your name and email address. You agree to keep your account information up to date.
4.2 Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. You must immediately notify us at [email protected] if you suspect unauthorized access. We are not liable for any loss arising from unauthorized use of your account.
4.3 One Account Per User
Each user may maintain only one account. Creating multiple accounts to circumvent restrictions or abuse the Service is prohibited.
5.1 Plans
The Service is offered under various subscription plans as described on our pricing page. Features and limits vary by plan. We reserve the right to modify plans, pricing, and features with reasonable notice.
5.2 Payment
Paid plans are billed in advance on a recurring basis (monthly or annually, as selected). Payment is processed through our authorized payment providers. All fees are non-refundable except as expressly stated in these Terms or required by law.
5.3 Cancellation
You may cancel your subscription at any time through your account settings. Upon cancellation:
6.1 Third-Party Platform
The Service integrates with Meta Platforms (Facebook and Instagram). Your use of these integrations is also subject to Meta's Platform Terms and Developer Policies. See our Facebook Integration Terms for details.
6.2 Authorization
By connecting your Facebook Page or Instagram account, you authorize us to access and process data as described in our Privacy Policy. You can revoke this authorization at any time.
6.3 Compliance
You are responsible for ensuring your use of the Service complies with all applicable Meta policies, including Community Standards and Messaging Platform policies. We may suspend your access if Meta disables your account or reports policy violations.
You agree to use the Service only for lawful purposes and in compliance with our Acceptable Use Policy. Without limitation, you agree NOT to:
8.1 Our Property
The Service, including its design, code, features, documentation, logos, and trademarks, is owned by or licensed to ChatBits and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service.
8.2 Your Content
You retain ownership of the content you create using the Service (chatbot configurations, messages, templates). By using the Service, you grant us a limited license to process and display your content solely to provide the Service.
We process your personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. We comply with applicable data protection laws including LGPD (Brazil), GDPR (EU), and CCPA (California).
10.1 By Us
We may suspend or terminate your access to the Service immediately if:
10.2 By You
You may terminate your account at any time by canceling your subscription and requesting account deletion. See our Data Deletion Policy for details on how your data is handled upon termination.
10.3 Effect of Termination
Upon termination, your right to use the Service ceases immediately. Sections of these Terms that by their nature should survive (including liability, indemnification, and dispute resolution) will remain in effect.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ChatBits AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to indemnify, defend, and hold harmless ChatBits and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including Meta Platform policies; or (d) your content or data.
14.1 Governing Law
These Terms are governed by the laws of the Federative Republic of Brazil, without regard to conflict of law principles.
14.2 Jurisdiction
Any disputes arising from these Terms or the Service shall be submitted to the courts of Cabo Frio, State of Rio de Janeiro, Brazil, to the exclusion of any other jurisdiction.
14.3 Informal Resolution
Before initiating any legal proceedings, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after changes constitutes acceptance. If you disagree with changes, your sole remedy is to discontinue use of the Service.
For questions about these Terms: