Terms and Conditions

Welcome to The CMOs, Inc. ("Company", "we", "our", "us")! As you have just clicked on our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 5 minutes.

These Terms of Service ("Terms", "Terms of Service") govern your use of our web pages located at https://marketing.chat operated by The CMOs, Inc.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://thecmosmarketers/marketing-chat-politicas-de-privacidade.

Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) the Agreements, you may not use the Service, but please let us know by emailing gustavo@thecmosmarketers.digital so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use the Service.

Thank you for being responsible.

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us.

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to modify the number of words charged for output or input or impose any per-hour usage restrictions, regardless of what was previously committed at the time of subscription. These changes will be made in line with our model capacity to safeguard the interests of all users and ensure uniform access to the service. We take this measure to offer equal opportunities to all users and protect the quality of our service.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules of a Promotion conflict with these Terms of Service, the Promotion rules will apply.

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or The CMOs, Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting The CMOs, Inc. customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide The CMOs, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize The CMOs, Inc. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, The CMOs, Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

The CMOs, Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by The CMOs, Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, The CMOs, Inc. reserves the right to (i) modify the Terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.

The CMOs, Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

At any time and without notice, The CMOs, Inc. reserves the right to (i) modify the Terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refund Policy: We issue refunds for Contracts within seven (7) days of the original Contract purchase, on the condition that your word usage is less than 5,000 Premium quality words or equivalent words for any plan.

As part of our commitment to providing a high-quality, fast and reliable service, Marketing.chat has a Fair Use Policy (also known as FUP), despite launching unlimited credit/word plans from time to time to prevent excessive use of our service. We expect every user to use this tool reasonably and responsibly, and there are some limits and restrictions that OpenAI, our partner company, requires, and every user is required to follow the guidelines mentioned below.

We ensure that our fair use policy allows genuine users to comfortably meet their daily and monthly usage requirements, while still meeting certain conditions mentioned below. We further ensure that the provision of our services works fairly for everyone and with the best possible user experience. This should always mean service quality for all users, in an impartial and equitable way. Excessive use of the service by one user can affect the speed and quality of use by other users.

By using this service, you commit to choosing a plan according to your profession and the size of your business. If you are experiencing very high usage, you should switch to the next higher plan or request a custom plan or use our business API.

Misuse: Our AI engine restricts certain types of use cases, such as distributing your unlimited account login details to others in exchange for monetary gain, and considers these activities to be illegal. An account is essentially for a single user, and multiple users on a single login account are not allowed.

Thus, our system identifies this behavior and automatically adjusts certain parameters temporarily based on abnormal and intense usage patterns over a short period of time. When such activity is detected by the system, you may notice a drop in output quality. This is generally resolved with the renewal of your monthly cycle.

Additionally, for any abnormally high usage and for any illegal activity of sharing your account login details with others, your account may be permanently blocked or deleted without prior notice. No claims of any kind in this regard will be accepted, and no refunds will be issued. By using our service, you agree that any claim/dispute in this regard raised by you or your bank will be automatically rejected.

You may use the Service only for lawful purposes and in accordance with the Terms. You agree not to use the Service:

• In any way that violates any applicable national or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm or offend the Company or users of the Service or expose them to liability.

Restricted Content: Our AI service provider "Open AI" does not allow the generation of sexual, religious and political content, and therefore you are strictly forbidden from generating such content. If, even by mistake, you try to generate such content, our system will give you an "Unsafe Content" error message the first time, and this should be considered the final warning. If you try to generate such content again, your subscription will be cancelled, and you will be barred from using our services again, and no refund will be issued.

Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service.
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
• Use any manual process to monitor or copy any of the material on the Service, or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Service.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
• Take any action that may damage or falsify the Company's rating.
• Otherwise attempt to interfere with the proper working of the Service.

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245

Microsoft Clarity

Microsoft Clarity is a behavioral analytics service provided by Microsoft Corporation that helps us understand how users interact with our website through heatmaps and session recordings.

Microsoft Clarity collects data on how you use our site, including mouse movements, clicks and scrolling. This information is used to improve user experience and the functionality of our service.

For more information on Microsoft Clarity's privacy practices, visit: https://privacy.microsoft.com/en-us/privacystatement

You may opt out of Microsoft Clarity by following the instructions available in Microsoft's privacy policy.

The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any portion of the Company, you warrant and represent that you are at least eighteen (18) years of age and have the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms. If you are not at least eighteen (18) years old, you are prohibited from both accessing and using the Service.

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or one that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Important: We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of The CMOs Ltda and its licensors. The Service is protected by copyright, trademark, and other laws of Brazil and other countries, under the terms of Law 9.610/98 (Copyright Law) and Law 9.609/98 (Software Law). Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of The CMOs Ltda.

Marketing.Chat makes proprietary content available on the platform, including but not limited to: prompt templates, skill instructions, automation flows, content examples, marketing frameworks and knowledge libraries ("Proprietary Content"). This content constitutes intellectual work protected under Law 9.610/98, Arts. 7, I and XIII.

Upon acceptance of these Terms, Marketing.Chat grants the User a license that is:

• Non-exclusive — Marketing.Chat retains the right to license the same content to third parties.
• Non-transferable — the User may not sublicense, assign, transfer or share the license with third parties.
• Revocable — the license may be revoked in case of violation of these Terms or immediately in case of unauthorized use.
• Limited — restricted to the User's internal use within the Platform, for purposes of the User's own marketing or that of their clients.
• Temporary — valid for as long as the User's active subscription lasts.

Permitted use: The User may use the Proprietary Content within the platform to generate marketing content. The results (outputs) generated by the platform based on the Proprietary Content are owned by the User, provided that the underlying Proprietary Content remains the exclusive property of The CMOs Ltda.

Prohibitions: The User is expressly forbidden to: (a) copy, reproduce or extract the Proprietary Content, in whole or in part, for use outside the platform; (b) redistribute, sell, sublicense or make the Proprietary Content available to third parties; (c) use the Proprietary Content to create a competing product or service; (d) use automated techniques (scraping, crawling, bots) to extract the Proprietary Content.

Violation of the above prohibitions constitutes contractual infringement and copyright infringement, subjecting the offender to the penalties set forth in Law 9.610/98, Arts. 101 to 110, including damages and losses indemnification, without prejudice to the immediate termination of the license and cancellation of the subscription.

No provision of these Terms constitutes assignment, transfer or waiver of copyright by The CMOs Ltda, under the terms of Art. 49 of Law 9.610/98.

The User retains ownership of all content they create on the Platform, including custom skills, their own prompts and generated outputs ("User Content").

The User grants The CMOs Ltda a non-exclusive, free, worldwide and irrevocable license to host, process, store and display the User Content, exclusively for the purposes of operating, maintaining and improving the Platform.

The User is fully responsible for ensuring that their User Content does not violate third-party rights, applicable law, the General Data Protection Law (Law 13.709/18), or these Terms of Use.

In case of subscription cancellation, the User Content will be retained for a period of 90 (ninety) days, after which it may be permanently deleted. The User may request early deletion of their data under Art. 18 of the LGPD.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to gustavo@thecmosmarketers.digital, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting or bad-faith claims on the infringement of any Content found on and/or through the Service of your copyrights.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 USC 512(c)(3) for further details):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at gustavo@thecmosmarketers.digital

You may provide us either directly at gustavo@thecmosmarketers.digital or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) the Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) the Company is under no obligation of confidentiality with respect to the Feedback. In the event the transfer of ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sublicensable right.

The third-party sites and tools mentioned above include the following:

Sentry

Sentry is open-source error tracking solution provided by Functional Software Inc. More information is available here: https://sentry.io/privacy/

UserReport

UserReport is a tool suite for creating forms and feedback provided by AudienceProject Inc. More information is available at: https://www.audienceproject.com/company/privacy/

Our Service may contain links to third-party web sites or services that are not owned or controlled by The CMOs, Inc.

The CMOs, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that The CMOs, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.

These services are provided by the company on an "as is" and "as available" basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.

Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes them available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.

The Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if the company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of the company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.

Governing Law: These Terms shall be governed and construed in accordance with the laws of the State of Santa Catarina, Brazil, without regard to its conflict of law provisions.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

These Terms shall be governed and construed in accordance with the laws of the State of Santa Catarina, Brazil, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede any prior agreements we might have had between us regarding the Service.

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

No waiver by the Company of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.

If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

By using the Service or other services provided by us, you acknowledge that you have read these Terms of Service and agree to be bound by them.

Please send your feedback, comments, requests for technical support:

Email: gustavo@thecmosmarketers.digital

Last updated: 2026