Terms of Service
Terms and Conditions of Use — Dr.Post
Hello! 👋
This document sets out the rules for using Dr.Post — an artificial-intelligence marketing service, delivered primarily through WhatsApp, that analyzes your brand, builds a content strategy and calendar, produces posts (text and image), and delivers them for your approval.
These Terms of Service (“Terms”) constitute a binding agreement between you (“User”, “Customer”, “You”) and YELLOW SPARK LTDA., registered under CNPJ/MF No. 53.014.787/0001-07, with its registered office at R. Riachuelo, 1200, Aracaju, SE — Brazil (“Dr.Post”, “We”).
BY SUBSCRIBING TO A PLAN, SENDING MESSAGES TO OUR WHATSAPP, OR USING ANY FEATURE OF THE SERVICE, WHETHER PAID OR FREE, YOU EXPRESSLY AGREE TO THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND IT.
IF YOU DO NOT AGREE WITH ANY PROVISION OF THESE TERMS, DO NOT USE THE SERVICE.
TABLE OF CONTENTS
- Definitions
- What Dr.Post is (and what it is not)
- You are talking to artificial intelligence
- Registration, account, and team
- The Service via WhatsApp
- Plans, payments, and Credits
- Artificial intelligence — limitations and duty of review
- User Content — your warranties and responsibilities
- Generated Content — ownership and use
- Collection of public data and brand analysis
- Publishing to social media
- Acceptable Use Policy
- Third-Party Services
- License to use and intellectual property
- Data protection
- Limitation of liability
- Indemnification
- Suspension and termination
- General provisions
- Governing law and jurisdiction
- Contact
1. DEFINITIONS
For the purposes of these Terms:
| Term | Definition |
|---|---|
| Service | The set of Dr.Post features: the team of AI agents accessible via WhatsApp, the brand analysis (Brand DNA), the generation of strategy and calendar, content production (text and image), publishing to social media, and the drpost.ai website. |
| AI Team / Agents | Dr.Post’s virtual assistants (with their own names and roles, such as account director, strategist, art director), operated by artificial-intelligence models. They are not human beings. |
| Brand DNA | The brand profile built by the Service from the information you provide and from public data on your website and social media profiles (visual identity, tone of voice, guidelines). |
| User Content | Everything you send or make available to the Service: messages, photos, audio recordings, documents, logos, references, business data, website addresses, and social media profiles. |
| Generated Content | Texts, captions, hashtags, images, strategies, calendars, and other materials produced by the Service for you. |
| Credits | The Service’s unit of consumption. Each operation (creating a post, revising an image, etc.) consumes Credits as set out on the Pricing and Credits page. |
| Plan / Subscription | The recurring engagement (monthly or annual) that renews your plan’s Credit allowance each cycle. |
| Third-Party Services | Platforms and providers integrated into the Service, such as Meta/WhatsApp, artificial-intelligence model providers, payment processors, and other technology providers (Section 13). |
| Client Brand | The name, logo, visual identity, and other distinctive signs of the business you register with the Service. |
2. WHAT DR.POST IS (AND WHAT IT IS NOT)
2.1. What it is
Dr.Post is a technology platform offering a content-marketing service operated by artificial intelligence: you chat on WhatsApp with a team of AI agents that analyzes your brand, proposes a strategy and calendar, produces posts (text and image), and delivers them for your approval — and may also publish them to your social media accounts, if you connect your accounts.
2.2. What it is NOT
You understand and agree that Dr.Post:
a) Is NOT a human agency. All service interactions and production are performed by artificial-intelligence systems (with technical supervision by our team over the platform, not over each individual conversation or deliverable — without prejudice to occasional access by authorized personnel, for quality, security, and support purposes, in accordance with the Privacy Policy).
b) Is NOT professional advice. No response, suggestion, or strategy produced by the Service constitutes legal, accounting, tax, financial, health, regulatory, or any other kind of professional advice. For decisions requiring specialized expertise, consult a qualified professional.
c) Does NOT guarantee results. We do not guarantee engagement, reach, followers, sales, growth, or any business outcome arising from the use of the Service or the Generated Content.
d) Does NOT verify the ownership of what you submit. We have no means of verifying — and we do not verify — whether you are the owner of the brand, profiles, images, and materials you register or send. That responsibility is exclusively yours (Section 8).
e) Does NOT publish anything without your configuration. Automatic publishing only occurs on accounts that you yourself have connected and for content that has gone through the approval flow.
3. YOU ARE TALKING TO ARTIFICIAL INTELLIGENCE
a) When using Dr.Post, you are conversing with artificial-intelligence agents, not human beings — even though the agents have the names, personalities, and roles of an agency team. This disclosure applies to all conversations, starting from the very first message.
b) The agents may send proactive messages related to the Service (content delivery, approval reminders, renewal notices, follow-up contact). By subscribing to the Service and messaging us on WhatsApp, you consent to receiving such messages. You may request the reduction or discontinuation of proactive messages at any time, directly in the conversation.
c) Human support: if you need to speak with a person, ask in the conversation itself or write to suporte@drpost.ai. We will forward your request to our human team.
4. REGISTRATION, ACCOUNT, AND TEAM
4.1. Requirements
To use the Service, you represent that you:
a) Are at least 18 (eighteen) years of age or are legally emancipated;
b) Have full legal capacity to enter into contracts;
c) Use the Service for professional/business purposes (managing your business’s marketing);
d) Provide true, complete, and up-to-date information;
e) Have the authority to accept these Terms, on your own behalf or on behalf of the legal entity you represent.
4.2. Your account is your WhatsApp number
a) The primary identifier of your account is your telephone number (WhatsApp), supplemented by the email address provided at the time of subscription.
b) You are responsible for maintaining control of your number and your device. Messages sent from your number are treated as yours.
c) Notify us immediately in case of loss, change, or compromise of your number, or of any unauthorized use of your account.
4.3. Team members
a) You may invite members of your team to interact with the Service on behalf of your business.
b) Team members act under your account and your responsibility: they have access to your business’s context within the Service (brand, strategy, content, and work history), and their instructions are treated as instructions of the account.
c) It is your responsibility to ensure that each invited member is authorized and aware of these Terms and our Privacy Policy.
4.4. One account per business
Each person or company may maintain only one active account, unless expressly authorized by Dr.Post. Creating multiple accounts to obtain undue advantages (such as multiple free allowances) is prohibited and may result in the termination of all associated accounts, in addition to the charging of the amounts corresponding to the Credits improperly consumed.
4.5. B2B nature of the relationship
a) The Service is a B2B (business to business) tool, intended for professional use in managing business marketing.
b) The relationship between you and Dr.Post is governed by the Brazilian Civil Code, with the application of the Brazilian Consumer Protection Code (CDC) excluded, except where the law mandatorily provides otherwise — in which case the rights guaranteed by public-policy rules remain fully preserved (see also Section 20).
5. THE SERVICE VIA WHATSAPP
5.1. Primary channel
The Service is provided primarily through WhatsApp, via the WhatsApp Business Platform (Meta). By using the Service, you are also subject to the WhatsApp Terms of Service and to Meta’s policies applicable to your own WhatsApp account.
5.2. Consent to contact
By subscribing to the Service and/or initiating a conversation with our number, you provide us with your telephone number and consent to receiving messages from us via WhatsApp — including service messages, content deliveries, operational notices, and proactive messages (Section 3.b). You may revoke this consent at any time by requesting so in the conversation or by canceling your account.
5.3. Conversation window and re-engagement messages
WhatsApp imposes a 24-hour window for business-initiated conversations. When we need to reach you outside that window (for example, to let you know your content is ready), we will send a Meta-approved notification message; the full content is delivered once you reply. Messages sent on our initiative outside the 24-hour window consume 1 Credit from your allowance (as set out on the Pricing and Credits page).
5.4. WhatsApp availability
The operation of WhatsApp is controlled by Meta, not by us. We are not liable for unavailability, policy changes, limitations, or restrictions imposed by Meta on the platform, nor for blocks applied by Meta to your own WhatsApp account due to your conduct. Your relationship with Meta is governed exclusively by Meta’s terms; if Meta restricts our access to the WhatsApp Business Platform, the Service may be degraded or provided through an alternative channel, without this constituting a breach on our part.
6. PLANS, PAYMENTS, AND CREDITS
6.1. Billing model
a) The Service works on a Credits subscription: the subscription (monthly or annual) renews, each cycle, your plan’s Credit allowance; each Service operation consumes Credits according to a public table.
b) The Credit rules and the Credit cost of each operation are described on the Pricing and Credits page, which is an integral part of these Terms. The current plans, prices, and allowances are presented at the time of contracting.
c) Nature of consumption and of the allowance: each operation of the Service immediately and irreversibly triggers data and artificial-intelligence processing and the use of shared infrastructure, generating costs that cannot be undone — including toward third-party providers. The subscription and the Credit allowance remunerate, in addition to the operations performed, the continuous availability of the Service (the AI team ready to serve you, your brand context maintained, the service structure active) and the dimensioning of the shared infrastructure required to serve the contracted allowance — regardless of the volume actually consumed in the cycle.
6.2. Credit rules
a) Credits are restored to the plan’s allowance amount at each monthly cycle — including on annual plans, on which the allowance is restored monthly, on the monthly anniversary of the subscription, throughout the annual term. Unused Credits do not roll over to the following cycle.
b) Credits have no monetary value, are non-transferable, are not convertible into cash, and expire upon termination of the subscription.
c) Credits consumed by work actually performed are not refunded — including when you choose not to use the result, change your mind, or subjectively disagree with the quality (see 6.7).
d) Once the cycle’s Credits are exhausted, content production pauses until the next renewal or until a plan upgrade.
e) Autonomous consumption: the team of AI agents works autonomously — researching, planning, producing, revising, and sending messages in accordance with the strategy and calendar you approved and the standard operation of the Service — and Credits are consumed as that work is performed, according to the public cost table, regardless of any individual request from you for each operation. Your approval of the strategy and calendar constitutes your standing instruction for the corresponding production. This is the default and inseparable behavior of the Service — it cannot be used in a non-autonomous mode — and, by contracting, you agree to these terms and expressly authorize it, within the limits of your allowance. The detailed usage statement is always available in the conversation (Section 6.3).
6.3. Consumption transparency
You may check, at any time and directly in the WhatsApp conversation, your Credit balance, the cycle’s consumption, and the date of the next renewal. The Pricing and Credits page is the public reference for the Credit cost of operations.
6.4. Payment processing
a) Payments are processed by specialized, licensed payment partners; methods such as Pix and bank transfer, where available, may be received directly by us. Your full card details do not pass through our servers. We may add, replace, or remove payment partners and payment methods at any time, without prior notice, maintaining the same standard of security and data protection.
b) By providing your payment details, you authorize the recurring billing of your plan’s amounts.
c) The sale and billing may be carried out through an authorized reseller or Merchant of Record (MoR) — a partner that acts as the registered seller, responsible for billing, for collecting applicable taxes, and for processing the payment, with that partner’s purchase terms applying to the payment. This does not alter the provision of the Service, which remains governed by these Terms.
6.5. Renewal, upgrade, and downgrade
a) Subscriptions renew automatically at the end of each period, unless previously canceled.
b) Mid-cycle upgrade: you immediately pay the amount of the newly chosen plan; the Credits corresponding to it are credited to your account immediately; from the next renewal onward, billing becomes the new plan’s amount, with no retroactive prorated charges.
c) Downgrade: takes effect at the next renewal; there is no refund or retroactive removal of Credits in the current cycle.
6.6. Price changes
We may change plan prices and the Credit cost of operations at any time. For active subscribers, plan price changes and changes to the Credit cost that materially impact your allowance will be communicated at least 30 (thirty) days in advance and only take effect from the next renewal. If you do not agree, you may cancel before the renewal.
6.7. Refunds
a) Proven platform failure: if an operation consumes Credits and fails due to a proven error in our systems (for example, work charged but not delivered), we will restore the corresponding Credits — simply contact our support team via the email suporte@drpost.ai within 7 (seven) days of the occurrence, a window that allows our team to investigate while the technical records are still available.
b) Not eligible for a refund: change of mind, unclear instructions, subjective dissatisfaction with the style or quality of the Generated Content (which can be adjusted through the revision flow), failures of Third-Party Services beyond our control that do not prevent delivery of the work (if the failure prevents delivery of work already charged, the Credits are restored under item “a”), and cancellation in the middle of an already-paid period.
6.8. Payment default and chargeback
a) In the event of payment failure, your account enters a past-due state: production of new content is paused, but the conversation remains available. Once payment is regularized, access and Credits are restored.
b) In the event of a chargeback (disputing the charge with the issuer), your account may be immediately suspended until it is regularized, and you will remain liable for the amounts owed, plus the costs demonstrably charged by the payment processor as a result of the chargeback and the late-payment charges provided for by law.
6.9. Taxes
You are responsible for additional taxes, exchange-rate charges, and fees applicable under the laws and payment method of your country.
6.10. Free plan
The Free plan may be offered gratuitously, as a way of getting to know the Service, and may be changed, limited, suspended, or discontinued at any time, without prior notice, without any right to indemnification. The free allowance renews monthly on the date the account was created. The Credit costs of operations and the Service’s operational limits are operational controls — not vested rights — and may be adjusted in accordance with Section 6.6.
7. ARTIFICIAL INTELLIGENCE — LIMITATIONS AND DUTY OF REVIEW
7.1. Nature of the technology
a) The Service is based on generative artificial-intelligence models (LLMs and image-generation models), a probabilistic technology.
b) The Generated Content and the agents’ responses may contain errors, inaccuracies, and outdated or incorrect information — even when they appear correct and are presented with confidence (“hallucinations”).
c) The models do not have perfect knowledge of your business, your market, your prices, or the regulations of your industry.
7.2. Your duty of review and verification
a) You are solely responsible for reviewing, verifying, and approving all Generated Content before using or publishing it. The Service’s approval flow exists precisely for this purpose: your approval IS the human review of the content, and you assume the consequences of publication.
b) Do not rely on factual statements in the Generated Content without independent verification. Prices, product claims, promises, market data, regulatory information, and statements about competitors must be checked by you before any use.
c) Business and marketing advice given by the agents constitutes suggestions from a support tool — the decision and the risk are yours. Do your own research and, where the subject so requires (legal, tax, health, financial, regulatory), consult a licensed professional.
7.3. Regulated industries
If your business operates in an industry with its own advertising rules (health, food, supplements, financial services, legal services, education, betting, etc.), it is your responsibility to ensure that the published content complies with the rules of your industry and your country. The Service does not perform regulatory or advertising compliance checks.
7.4. Disclaimer
Dr.Post is not liable for losses, damages, or decisions made based on the agents’ responses or on the Generated Content, nor for harm arising from the publication of content that you approved, published, or authorized to be published. This disclaimer applies without prejudice to Section 16 and to applicable mandatory rules.
8. USER CONTENT — YOUR WARRANTIES AND RESPONSIBILITIES
8.1. Your warranties
By sending or registering any User Content (including photos, audio recordings, documents, logos, brand names, websites, and social media profiles), you represent and warrant that:
a) Rights to the content: you own the content or hold all licenses, authorizations, and permissions necessary to use it and to authorize the use described in these Terms;
b) Brand ownership: you are the owner of the Client Brand, or are duly authorized by the owner to engage marketing services for it — including registered trademarks, trade names, and visual identities;
c) People in photos and videos: you have the consent of every identifiable person appearing in photos, videos, or audio recordings you submit, both for the processing of their image/voice by the Service (including processing by AI providers — see the Privacy Policy) and for use in marketing materials — in compliance with data protection legislation and image rights (art. 20 of the Brazilian Civil Code and equivalent rules of other countries);
d) Designated profiles and websites: the social media profiles and websites you designate for analysis are yours, or you are authorized to use them as the basis for your marketing;
e) The content does not infringe third-party intellectual property, privacy, image, or personality rights, nor any applicable law.
8.2. We do not verify — and have no means of verifying
Dr.Post does not verify, and has no means of verifying, the truthfulness of these representations. If you register a brand that is not yours, send photos of people without their consent, or use third-party materials without authorization, the liability — civil, administrative, and criminal — is exclusively yours, and you will indemnify us for any resulting consequences (Section 17).
8.3. Ownership of your content
You retain ownership of the User Content. You grant us a worldwide, non-exclusive, royalty-free, sublicensable license (to our technology providers, to the extent necessary) to host, store, process, reproduce, adapt, and display the User Content for the purpose of operating and providing the Service — for example: analyzing your brand, generating content consistent with your identity, and publishing to your social media accounts when you so request.
8.4. Promotional use
You grant us a worldwide, royalty-free license, sublicensable and transferable to our affiliates and successors — without the need for any additional approval and without any right to compensation — to promote your brand and the content produced, approved, or published through the Service in Dr.Post’s promotional materials, including but not limited to website, social media, case studies, advertisements, and advertising materials, in any medium or media. You may object to future uses at any time, by request to the DPO (dpo@drpost.ai), without prejudice to your use of the Service; the objection does not affect materials already produced or published in good faith, as to which the license is irrevocable and survives the termination of these Terms. Images of identifiable natural persons will only be used in promotional materials with specific authorization.
9. GENERATED CONTENT — OWNERSHIP AND USE
9.1. License to use
Subject to your compliance with these Terms (including your plan being in good standing), we grant you a broad, worldwide, and permanent license to use the Generated Content delivered to your account. You may use it for any lawful purpose of your business. The license becomes definitive at the moment of delivery of each piece of content produced while your account was in good standing and in compliance with these Terms. Dr.Post retains all right, title, and interest in the Generated Content — to the extent it does not incorporate the Client Brand or User Content, which remain yours (Section 8.3) — and in the technology that produces it, and may reuse techniques, styles, formats, and components in providing the Service to other clients.
9.2. Limitations you acknowledge
a) Non-exclusivity: due to the nature of the technology, AI models may generate identical or similar content for other users. We do not guarantee uniqueness, absolute originality, or the registrability of the Generated Content as a trademark or copyrighted work.
b) Uncertain copyright protection: the legal regime for protecting AI-generated content varies between countries and is evolving. We do not guarantee that the Generated Content is copyrightable in your jurisdiction.
c) Unintentional similarities: images generated by AI may occasionally exhibit unintentional similarities to existing people, brands, works, or styles. It is your responsibility to evaluate the content before publishing (Section 7.2) and not to approve materials that may infringe third-party rights.
d) Responsibility for use: you are responsible for your use of the Generated Content and for the use made of it by third parties with whom you share it.
10. COLLECTION OF PUBLIC DATA AND BRAND ANALYSIS
a) To build the Brand DNA and to inform strategy and content, the Service collects publicly available data: the content of your website and of public social media profiles you designate (posts, images, descriptions, public engagement metrics), as well as public market data and data from reference or competitor profiles for research and inspiration purposes.
b) This collection is performed by specialized providers (Section 13) and is limited to public data. The processing of such data is described in our Privacy Policy.
c) Platforms such as Instagram and TikTok have their own terms regarding the use of public data. We use such data for analysis and inspiration — not to republish third-party content. Using the Service to copy or plagiarize third-party content is prohibited (Section 12).
d) We do not guarantee the currency, completeness, or continuous availability of the public data collected — they depend on the source platforms.
11. PUBLISHING TO SOCIAL MEDIA
11.1. Delivery modes
Approved content may be: (i) delivered to you via WhatsApp, for manual publishing; or (ii) published automatically to the social media accounts (Instagram, Facebook, LinkedIn, and others that may come to be supported) that you connect voluntarily, through OAuth authorization.
11.2. Connecting accounts
a) By connecting an account, you authorize us (through our integration provider) to publish on your behalf, in accordance with your approvals and schedules.
b) You represent that you are the owner of the connected account or are authorized by the owner.
c) You may revoke the connection at any time (in the conversation or in the social platform’s settings).
11.3. Third-party platforms
a) Publishing depends on the platforms’ APIs and policies (Meta, LinkedIn, etc.). We do not guarantee that every post will be accepted; posts may be rejected, removed, or limited by the platforms.
b) You must comply with the terms of use of the platforms on which you publish. We are not liable for suspensions, blocks, loss of reach, or any measures applied by the platforms to your account.
c) If an automatic publication fails, the content remains available for manual publishing and we will notify you in the conversation.
d) Labeling and advertising: it is your responsibility to comply with the rules applicable to the content you publish — including platform rules on identifying AI-generated content, your country’s advertising rules, and rules on the disclosure of sponsored or advertising content.
12. ACCEPTABLE USE POLICY
It is strictly prohibited to use the Service to:
a) Misleading content: create or disseminate false, misleading, or fraudulent information — including disinformation, scams, schemes, and untrue promises about products or services;
b) Intellectual property infringement: use third-party trademarks, characters, works, or content without authorization, or request content that unlawfully imitates others’ brands and works;
c) Impersonation and synthetic media of real people: pass yourself off as another person, company, or brand; generate content on behalf of a brand you do not represent; or create, request, or attempt to create synthetic content (images, audio, video) depicting a real, identifiable person without their express authorization — including deepfakes, face swapping, lip-syncing, and voice cloning;
d) Illegal or harmful content: unlawful, defamatory, or discriminatory content, content inciting hatred or violence, or content that exploits, sexualizes, or endangers children or adolescents, whether real or synthetic (zero tolerance — accounts are terminated and the facts reported to the competent authorities);
e) Prohibited industries and products: promote products or activities that are illegal in the jurisdiction where the content is targeted (drugs, weapons, unlicensed gambling, etc.);
f) Privacy violations: submit third parties’ personal data without a legal basis, or use the Service to surveil, harass, or harm anyone;
g) Spam and platform abuse: use the Service to send unsolicited bulk messages or messages in violation of WhatsApp/Meta policies;
h) Technical attacks: reverse engineering, scraping of our systems, injection of malicious instructions into the agents (prompt injection), attempting to circumvent the safety limits of the AI models, or any interference with the integrity of the Service;
i) Unauthorized resale: resell, sublicense, or make the Service available to third parties as if it were your own, without our written consent;
j) AI transparency: remove or tamper with provenance metadata or watermarks of AI-generated content, or present AI-generated content as exclusively human-authored where the law or the publishing platform requires disclosure;
k) Adult content (NSFW): create, request, or attempt to create sexually explicit, pornographic, or nudity content, even where lawful — the Service is not intended for the production of adult content.
These rules further incorporate the acceptable use policies of the technology providers integrated into the Service, as in force, which you undertake not to violate through the Service. Several of these prohibitions also derive from the rules of the payments industry (card networks, acquirers, processors, and authorized resellers), compliance with which is a condition for the operation of the Service. Attempting to generate prohibited content violates these Terms even when the generation is blocked by our systems or by the providers, and may result in immediate suspension. We may remove content, refuse requests, and suspend or terminate accounts that violate this section, without prior notice and without any right to a refund, in addition to reporting illegal activity to the authorities.
Reporting to the authorities: violations of this section that constitute unlawful conduct may be reported to the competent authorities — in Brazil and in any other country where we, our providers, or our partners operate or maintain infrastructure (for example, the United States, Canada, the United Kingdom, and European Union countries) — by us and, independently, by the providers and partners that make up the Service — AI providers, messaging platforms, payment processors, and other Third-Party Services, which maintain their own abuse-detection systems and their own legal reporting obligations. In certain cases (such as child exploitation or abuse material), reporting is required by law and does not depend on any decision of ours. We may preserve and share records, content, and data related to the violation with authorities and with those providers, to the extent necessary for the investigation, as described in the Privacy Policy.
Rights-violation complaints: if you are the holder of a trademark, work, or image rights and you identify misuse by a user of the Service (in registered or published content), send your complaint to suporte@drpost.ai, identifying the right infringed, the content in question, and your contact details. We will review the complaint, and we may remove the content from our systems and suspend repeat-infringer accounts.
13. THIRD-PARTY SERVICES
a) The Service is built on specialized providers, engaged by category (the full and detailed list appears in Section 9 of the Privacy Policy, which prevails in the event of any discrepancy):
| Category | Role |
|---|---|
| Messaging (WhatsApp) | Meta/WhatsApp Business Platform and a Meta-approved solution provider |
| AI models (text, image, and audio) | Leading market providers, engaged under commercial terms that prohibit the use of your data to train their models |
| Public data collection | Providers specialized in publicly available data |
| Social publishing | OAuth integration provider |
| Payments | Specialized, licensed payment processors |
| Infrastructure, data, and operations | Cloud, orchestration, and observability providers with recognized security certifications |
The individual identification of the remaining providers constitutes strategic information protected as a commercial and industrial trade secret (LGPD, art. 6, VI). The list of sub-processors may be requested from our Data Protection Officer (DPO), in the manner set out in the Privacy Policy.
b) Your use of features that depend on these services is also subject to each provider’s terms.
c) We are not liable for the availability, changes, or discontinuation of Third-Party Services. We may replace providers with equivalents at any time, while maintaining the data-protection standard described in the Privacy Policy.
14. LICENSE TO USE AND INTELLECTUAL PROPERTY
a) We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service in accordance with your plan, for the management of your business’s marketing.
b) The Dr.Post platform — code, design, agents, prompts, workflows, trademarks, and logos — is the exclusive property of Yellow Spark Ltda. or its licensors. These Terms do not transfer to you any rights in the platform, only the license to use the Service and the license over the Generated Content under the terms of Section 9.
c) You may not copy, modify, distribute, reverse engineer, or create derivative works of the platform, nor use our trademarks without written authorization.
d) Feedback: you grant us a perpetual, irrevocable, worldwide, royalty-free, and sublicensable license to use, without restriction and without any right to compensation, the suggestions, ideas, and comments you send us about the Service, for any purpose.
15. DATA PROTECTION
a) The processing of personal data within the scope of the Service — including the submission of content (texts, photos, audio recordings) to artificial-intelligence providers — is described in our Privacy Policy, which is an integral part of these Terms.
b) We highlight from the outset: the AI providers we engage operate under commercial terms that prohibit the use of your conversations and content to train their models. We may use aggregated and anonymized data — which does not identify you or your brand — to develop, train, and improve our own technology, algorithms, and products, in accordance with the Privacy Policy.
c) If you submit third parties’ personal data to the Service (for example, photos of other people, information about your own customers), you act as the controller of such data and are responsible for having a legal basis for the processing (see Section 8.1.c).
16. LIMITATION OF LIABILITY
16.1. Service “as is”
The Service is provided “as is” and “as available”. To the maximum extent permitted by applicable law, we do not warrant that the Service will be uninterrupted, error-free, or fit for a particular purpose, and we disclaim implied warranties of merchantability, fitness, and non-infringement.
16.2. Specific exclusions
To the maximum extent permitted by applicable law, we are not liable for:
a) Errors, inaccuracies, or inadequacies of the Generated Content and the agents’ responses (Section 7);
b) Business, engagement, or reach outcomes;
c) Acts, failures, unavailability, or policies of Third-Party Services (including Meta/WhatsApp, social platforms, and AI providers);
d) Measures applied by third-party platforms to your account;
e) Indirect damages, lost profits, loss of data, loss of opportunity, or reputational harm;
f) User Content and the uses you make of the Generated Content.
16.3. Monetary cap
In any event, Dr.Post’s total liability is limited to the greater of: (i) the total amount paid by you to Dr.Post in the 3 (three) months preceding the event; or (ii) R$ 500.00 (five hundred Brazilian reais).
16.4. Exceptions
The limitations in this section do not apply to damages caused by Dr.Post’s proven willful misconduct or bad faith, nor to cases where such limitation is prohibited by an applicable mandatory rule (including consumer-protection rules, where applicable).
17. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Dr.Post, its affiliates, partners (sócios), employees, and business partners from any claims, damages, losses, costs, and expenses (including attorneys’ fees) arising from:
a) Violation of these Terms by you or by members of your team;
b) User Content — including claims by trademark owners, copyright holders, or persons depicted in photos you submitted;
c) Posts made to your social media accounts (manually or automatically) with content approved by you;
d) Use of the Service for a brand, profile, or material you were not authorized to use;
e) Violation of laws or third-party rights by you.
We will notify you of the claims covered by this section, and we may, at our exclusive discretion, assume control of the defense; you will not enter into any settlement affecting Dr.Post’s rights without our prior written consent. This section applies to the maximum extent permitted by law.
18. SUSPENSION AND TERMINATION
18.1. By you
a) You may cancel your subscription at any time: through the payment portal, with immediate effect on the renewal, or by email to suporte@drpost.ai, subject to the processing window in item “b”. Access remains until the end of the already-paid period; thereafter, the account loses access to paid features and any remaining Credits expire. Cancellation does not give rise to any refund, in whole or in proportion, of amounts already paid — save for the option in item “c”: the amounts for the contracted period pay for the continuous availability of the Service, the infrastructure dimensioning, and the Credit allowance made available in the cycle (Section 6.1.c), and Credits are not convertible into money (Section 6.2).
b) Cancellation by email — processing window: cancellation requests by email must be sent at least 10 (ten) business days in advance of the renewal you wish to avoid. Requests received with less notice may be processed only after the automatic renewal, taking effect for the following cycle; renewals that occur before processing are valid and are not automatically reversed. In that case, for contracts of a period longer than the monthly cycle, you may, if you prefer, exercise the option in item “c” over the newly contracted period, in the manner and within the deadlines set out there.
c) Early termination with restitution (optional): for plans with a prepaid contracted period (for example, annual plans), you may, as an alternative to the regime of item “a”, request the immediate termination of the subscription with restitution of the amount proportional to the future period not enjoyed. In that case, a compensatory penalty of 40% (forty percent) will apply to the remaining proportional amount, with the remaining 60% (sixty percent) refunded to you. The penalty: (i) constitutes a compensatory penal clause for the early termination, remunerating the more advantageous conditions granted for contracting the period and the costs and dimensioning of Section 6.1.c, and is not cumulated with loss of discount or with any other charge on the same grounds; (ii) applies only to the future portion not enjoyed, decreasing as the contracted period is fulfilled; and (iii) does not apply when the termination results from a proven material breach by Dr.Post. This option applies only to contracts of a period longer than the monthly cycle; monthly plans are month-to-month contracts, and cancellation follows exclusively the regime of item “a”, with no restitution of the cycle in progress. For the purposes of calculating the restitution, the monthly cycle in progress is deemed enjoyed — each cycle’s Credit allowance is made available in full at its start — and only cycles not yet started count as the future period. The restitution may be processed through the original payment method or another suitable means, at Dr.Post’s discretion (for example, Pix or bank transfer), within the timeframe communicated by support.
Exercise deadline: the option in this item must be exercised simultaneously with the cancellation request and/or within a maximum, non-extendable period of 10 (ten) business days from it — and, in any event, before the end of the contracted period (contractual forfeiture period — art. 211 of the Brazilian Civil Code). If this option is not exercised within that period, the regime of item “a” becomes definitively consolidated, the cycles made available through the end of the period being deemed enjoyed, with no subsequent restitution. If the option is exercised after the cancellation request, cycles started up to the date of exercise count as enjoyed.
d) Cancellation does not release you from outstanding obligations (payments due, indemnities).
e) You may also request the deletion of your account and your data, in accordance with the Privacy Policy.
18.2. By us
a) We may suspend or terminate your account, with immediate effect and, when necessary, without prior notice, in the event of: violation of these Terms or of the Acceptable Use Policy; fraud or illegality; payment default; legal or judicial order; or risk to the security of the platform, of third parties, or of other users. Where the violation is curable, we may, at our exclusive discretion, notify you to remedy it before suspension or termination.
b) Grounds: we will inform you of the general grounds for the measure (for example, the section of these Terms that was violated), but we are not required to disclose evidence, complaints received, internal detection criteria or methods, or details of ongoing investigations — including in order to protect the security of the platform, third parties, and the integrity of our abuse-prevention systems.
c) Review: you may request a review of the measure via the email suporte@drpost.ai. The review is conducted by our team, at our exclusive discretion, in a single instance, and its decision is final in the internal sphere — with no obligation to reactivate the account.
d) For convenience: we may also terminate your account or discontinue the Service, in whole or in part, without any need for justification, upon 30 (thirty) days’ prior notice, with a proportional refund of the prepaid amounts corresponding to the unused period.
e) Terminations for violation do not give rise to a refund (Sections 6.7 and 12); the processing of your data after termination follows the Privacy Policy.
18.3. Survival
The following survive termination: Sections 6.7 and 6.8 (as to amounts owed), 7 through 9 (to the extent applicable), 14 through 17, 19, 20, and 21.
19. GENERAL PROVISIONS
a) Changes to the Terms: we may amend these Terms at any time. Material changes will be communicated via WhatsApp and/or email at least 30 (thirty) days in advance; minor changes are published on this page with an updated date. Continued use after the effective date constitutes acceptance.
b) Assignment: you may not assign these Terms, or the rights and obligations arising from them, without our prior written consent. We may assign these Terms, in whole or in part, at any time — including in the event of a merger, acquisition, corporate reorganization, or the total or partial sale or transfer of the company, its assets, or its operation — regardless of prior notification or any additional consent from you, with the assignee assuming the corresponding rights and obligations under these Terms.
c) Entire agreement: these Terms, the Privacy Policy, and the Pricing and Credits page constitute the entire agreement between the parties.
d) Severability: the invalidity of one provision does not affect the others. The provision deemed invalid shall be replaced or reduced to the maximum limit permitted by law, preserving to the greatest extent possible the original intention of the parties; the limitations, exclusions, and disclaimers set out in these Terms always apply to the maximum extent permitted by the applicable law.
e) Waiver: tolerance of any breach does not constitute a waiver of rights.
f) Language: these Terms are drafted in Portuguese, with translations into other languages provided for convenience. In the event of any conflict, the Portuguese version prevails, including over this English version.
g) Notices: we will send notices to the registered WhatsApp number and/or the email address provided at the time of subscription. Keep them active and up to date.
h) Acts of God and force majeure: neither party is liable for failures resulting from acts of God or force majeure (art. 393 of the Brazilian Civil Code), including serious unavailability of third-party infrastructure, disasters, government acts, and events beyond the party’s reasonable control.
i) Service evolution: we may modify, add, or discontinue features and agents of the Service at any time, endeavoring to preserve the essential functionality of your plan. Changes that materially reduce what you contracted for will be communicated with reasonable advance notice, and Section 19.a applies.
20. GOVERNING LAW AND JURISDICTION
20.1. Governing law
These Terms are governed by and construed in accordance with the laws of the Federative Republic of Brazil, without regard to conflict-of-laws rules.
20.2. Jurisdiction
The courts of the Judicial District of Aracaju, Sergipe, Brazil are hereby elected to resolve disputes arising from these Terms, except in cases where a mandatory rule ensures a different venue.
20.3. Amicable resolution
Before any judicial measure on the merits, the parties undertake to seek an amicable resolution: notify us through the contact channel and allow 30 (thirty) days for an attempt at resolution. This commitment does not prevent urgent measures necessary to avoid imminent harm.
21. CONTACT
| Channel | Information |
|---|---|
| Directly in the conversation with the Dr.Post team | |
| Support email | suporte@drpost.ai |
| Privacy / DPO | dpo@drpost.ai |
YELLOW SPARK LTDA. — CNPJ 53.014.787/0001-07 — R. Riachuelo, 1200, Aracaju, SE — Brazil
Last updated: July 16, 2026
Version: 1.2
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