General Terms of Use & Sales Promotion
Fantasy Name: DAYLU TECH SERVIÇOS DIGITAIS
CNPJ: 00.000.000/0001-00 (Exemplo / A definir no lançamento)
* Platform in the testing phase without active corporate ties until official launch.
1. Legal Nature of the DayLu Tech Platform
1.1. DAYLU TECH is a technological sales promotion, digital catalog and service scheduling platform that connects consumers ("Customers") with accredited companies, salons, clinics, barbershops and independent service providers ("Advertiser Companies").
1.2. No Provision of the End Service: DAYLU TECH does not perform, supervise or subcontract aesthetic, mechanical, residential services, renovations or any core activity. The role of DAYLU TECH is strictly restricted to:
- Hosting, formatting and display of the digital advertising catalog (CNAE 58.19-1-00);
- Commercial promotion and customer prospecting for Advertiser Companies (CNAE 73.19-0-02);
- Optimization, processing and compression of service images (CNAE 74.20-0-01 and 59.12-0-99);
- Telematic organization of queues and electronic appointments (CNAE 82.19-9-99);
- Reconciliation of billing and corporate collection of the platform (CNAE 82.91-1-00);
- Real-time transmission of telematic notifications (CNAE 61.90-6-99).
2. Tripartite Relationship and Exemption from Liability
2.1. Direct Contracting: When scheduling or contracting a service displayed on the platform, the Customer enters into a service provision contract directly and exclusively with the Advertiser Company.
2.2. Exclusive Civil Liability of the Provider (CDC Art. 14): According to the Consumer Protection Code, the Advertiser Company is fully and exclusively responsible to the Customer for:
- Quality, punctuality, safety and guarantee of the service performed;
- Any defects or material damage caused by its employees or providers;
- Strict adherence to the budget and agreed schedules.
2.3. Marco Civil da Internet (Art. 19): DAYLU TECH does not have joint or subsidiary liability for the physical execution of the services, operating strictly as a digital application and catalog provider under the terms of Federal Law No. 12,965/2014.
Access, search, comparison, quotation and scheduling are 100% free for the Consumer Customer. The customer does not pay monthly fees or fees for using the DayLu Tech technology and makes payment for the service directly to the Advertiser Company through the agreed means (direct Pix, cash or card). DAYLU TECH does not receive, retain or custody amounts paid by the customer. Service invoices (NFS-e) are issued directly by the Advertiser Company to the Customer for the full contracted value.
3. Commercial Structure, Platform Fees (Model A) and Billing
3.1. 0% Commission on the Service: The contracted value of the service agreed between the Client and the Advertiser Company belongs 100% to the Advertiser Company. DAYLU TECH does not retain percentages on the work performed by professional partners.
3.2. Distinction between Business Management Software and Sales Promotion:
- Business Management Software (Monthly Fee): The monthly fee relates exclusively to the license and maintenance of the management technology suite (team schedule, accounting and tax control in accordance with tax reform, payroll and commission management, financial panel and issuance of NFS-e). New Advertiser Companies have 60 (sixty) days of total exemption (Trial) from active registration. After the experience ends, a fixed and affordable monthly fee of R$ 30.00 (thirty reais) applies per monthly cycle.
- Sales Promotion & Customer Acquisition Product (Post-Acquisition): Unlike management software, the commercial promotion and prospecting service operates with strictly post-acquisition billing (billing only after actually obtaining the scheduled client through protected scheduling rates of R$5.00, R$4.00 or R$2.00) or by optionally hiring geolocated advertising spaces (Stories and Banners), creating a complete solution for the partner company.
3.3. Protected Scheduling Fee: For each confirmed and completed eligible booking, the platform constitutes a single unit fee charged to the Advertiser Company according to the moment of validation and release of the contact:
- Standard Rate (`STANDARD_T48`): R$4.00 — For confirmed appointments in which contact and chat release occurs within the standard window (between 48 hours and 2 hours before the service).
- Advance Fee (`EARLY_ACCESS`): R$ 5.00 — For appointments in which the Advertiser Company requests or accepts the advance release of contacts before the 48-hour mark (`> T - 48h`).
- Last Minute Rate (`LAST_MINUTE_2H`): R$ 2.00 — For emergency appointments created with 2 hours or less left before opening hours (`<= T - 2h`).
3.4. 15 Minute Tolerance Window for Error Orders:
- Every schedule automatically enters the tolerance state (`GRACE_OPEN`) during its first 15 (fifteen) minutes.
- If cancellation occurs within this period due to mistake or duplicity, the appointment is canceled at ZERO cost for both parties (`REQUEST_VOIDED_IN_GRACE`), fully exempting the company from any fees.
- Tolerance ends immediately if there is a human response in the chat, bilateral exchange of messages or an attempt to transmit external contact.
3.5. Integrated Chat and Connectivity Policies: Using the platform's internal chat is free and there is no extra charge per message sent or received. Unilateral messages with the deliberate intention of diversion or evasion (early sending of telephone numbers, emails, Pix keys or instructions for external hiring) end the tolerance and constitute the tariff for the corresponding range.
3.6. Subscription Services and Paid Media:
- Recurring Packages / Company Subscriptions: The protected scheduling fee is charged to the Company exclusively upon initial contracting and formal renewals. Periodic calendar sessions or occurrences are exempt from the new fee (`SUBSCRIPTION_OCCURRENCE_INCLUDED`).
- 24-Hour Paid Stories: Promotional placement highlighted on the marketplace for 24 hours for the unit value of R$ 10.00 per contracted story.
- 24-Hour Commercial Banners: Rental of visually prominent positions for 24 hours for the unit value of R$ 30.00 per contracted slot.
3.7. Billing and Billing Cycle: Protected scheduling fees, monthly fees (after 60 days) and any contracted media are consolidated in the Advertiser Company's financial ledger and invoiced monthly with total transparency and reconciliation in the Business panel.
4. Rules of Conduct, Auditing and Fraud Protection
4.1. Security in Appointments: All appointments generate immutable digital records with timestamp, IP and cryptographic identifier.
4.2. Disputes and Undue Chargebacks: False reporting of fraud or improper chargeback request after satisfactory performance of the service subjects the offender to definitive blocking of the CPF/CNPJ, judicial collection with losses and damages and communication to the competent authorities to determine criminal offenses (Art. 171 of the Penal Code).
4.3. Preservation of Records for Legal Defense: The deletion of accounts requested by users or companies does not erase technical audit logs, transaction histories or previous consent records, which remain saved for evidentiary purposes in possible legal or administrative proceedings.
5. Jurisdiction and Applicable Legislation
5.1. These Terms are governed exclusively by the laws of the Federative Republic of Brazil. The courts of the capital of the State of Rio de Janeiro, RJ is elected as the only one competent to resolve any doubts or disputes arising from this instrument.