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Terms of Use

The rules that hold between Treebird, the businesses that use the platform and those businesses' customers.

Last updated: August 6, 2026

In short

Treebird is a software platform operated by Purple Engineering Ltda: it gives restaurants, concert houses and other experience businesses the tools to take reservations, appointments, orders and payments from their own customers. Treebird never holds customer money: the amounts go straight to the business’s Mercado Pago account, and the platform receives 1% per transaction.

If you are a business, you pay a subscription negotiated with us and stay responsible for your service, your prices, refunds and your tax invoices. Without payment, after a 7-day grace period the admin panel is restricted and the storefront stops accepting new reservations, but no data is deleted. If you are a customer of a business, your reservation, your payment and your service are a contract between you and that business: Treebird supplies the technology and is not a party to that relationship.

This English text is a convenience translation of the Portuguese original, which is the official and binding version and prevails in case of any discrepancy.

The summary is there to help you read; what is legally binding is the full text below.

1. Acceptance and parties

In short

Using Treebird means agreeing to these Terms. Purple Engineering Ltda is the company; Treebird is the brand and the platform it operates. Your contract is always with Purple.

1.1. These Terms of Use (“Terms”) govern access to and use of the Treebird platform, owned by Purple Engineering Ltda (“Purple”, “we”), a limited liability company organized under the laws of Brazil, registered with the CNPJ (Brazilian corporate taxpayer registry) under no. 57.747.444/0001-02, with head office at Av. Paulista, 1106, sala 01, andar 16, Bela Vista, São Paulo, SP, CEP 01310-914.

1.2. Purple and Treebird are not the same thing. Purple Engineering Ltda is the company: the legal entity that contracts, bills, issues the nota fiscal (Brazilian tax invoice), answers in law and is the counterparty to these Terms. Treebird is the brand and the software platform through which Purple provides the service; it is not a legal entity of its own. Every reference to “Treebird” in this document means the service provided by Purple under that brand.

1.3. These Terms bind two distinct audiences, and each has its own sections in this document:

  • the Business: the company that hires Treebird to run reservations, appointments, queues, menu, CRM, loyalty, messages and payments (sections 4 to 15); and
  • the Customer: the person who uses a Business’s digital storefront to reserve, book, join a queue or pay (section 16).

1.4. Acceptance happens on first use of the platform and, for the Business, also when the subscription is contracted. If you do not agree with these Terms, do not use the platform.

1.5. For the Business, these Terms make up the contract together with the commercial proposal (negotiated price, plan and specific conditions) and with the Privacy Policy. In case of conflict, the commercial proposal prevails over these Terms only in what was expressly negotiated.

1.6. Whoever accepts these Terms on behalf of a Business declares that they have powers to represent it.

2. Definitions

In short

The capitalized terms used in this document have the meaning defined here.

  • Purple: Purple Engineering Ltda, the Brazilian company that provides the service and is the counterparty to these Terms.
  • Treebird: the brand and the software platform operated by Purple. It is not a legal entity; it names the service.
  • Platform: the Treebird software, including the Businesses’ digital storefront, the admin panel, the payment and messaging integrations and the associated APIs.
  • Business (or “Tenant”): the legal entity that hires the Platform to run its relationship with its own customers.
  • Customer: the individual who interacts with a Business’s storefront (reservation, appointment, queue, waitlist, menu, payment, loyalty account).
  • Storefront: the Business’s public surface on the Platform, served on the shared subdomain (yourbusiness.treebird.app) or on the Business’s own domain.
  • Treebird Site: the brand’s institutional site, at treebird.com.br, where the product presentation, the plans and these legal documents live. No Business operates and no reservation happens there.
  • treebird.app: the address where the Platform runs, distinct from the Treebird Site: the storefronts on the shared subdomain, the Businesses’ admin panel and the technical integration endpoints.
  • Subscription: the plan the Business pays Purple for the license to use the Platform.
  • Transactional Messages: operational communications sent on behalf of the Business to the Customer (confirmations, reminders, access codes, receipts), by WhatsApp or email.
  • Mercado Pago: an independent payment institution (Mercado Pago Instituição de Pagamento Ltda.) through which Businesses receive payments from their Customers.
  • Stripe: an independent processor (Stripe, Inc. and affiliates) through which Purple charges the Businesses’ Subscriptions.

3. What Treebird is (and what it is not)

In short

We are the software behind the business: reservations, appointments, queues, menu, CRM, loyalty, messages and checkout. We are not a bank, we are not a payment institution and we do not provide the service the Business sells.

3.1. The Platform offers, according to the plan and the features enabled for each Business: table and event reservations, service appointments, on-site waiting queue, waitlist for sold-out sessions, digital menu, customer records and history (CRM), cashback and loyalty program, transactional message sending, payment links, online checkout and reports.

3.2. Treebird is a technology provider. It does not provide, does not intermediate and does not guarantee the services the Business sells to its Customers (the meal, the show, the service, the experience). The Business alone sets its prices, hours, reservation, cancellation, minimum spend and no-show policies.

3.3. Purple is not a financial institution or a payment institution, does not take part in payment arrangements as an issuer or acquirer and does not carry out activity restricted to institutions authorized by the Banco Central do Brasil (Brazil’s central bank). The financial flows are executed by Mercado Pago and Stripe, each under its own authorizations and terms.

3.4. The Platform evolves continuously. We may add, change or discontinue features while keeping the essential characteristics of the contracted service. Features offered on an experimental basis may be provided with no guarantee of permanence.

4. Business account and team

In short

The Business controls who on its team accesses what, and answers for what its team does on the Platform.

4.1. The Business account is created by Purple during the contracting process. The Business warrants that the registration information provided (corporate name, CNPJ, contacts, banking and tax details) is true and undertakes to keep it up to date.

4.2. The Business invites and removes its own team members and assigns each one granular access permissions. Team access is personal and non-transferable, done through an invite link and a verification code sent to each member’s email. The Business is fully responsible for the acts of those it authorized, including price changes, refunds, messages sent and data deletions.

4.3. The Business must immediately notify Purple of any suspicion of unauthorized access. We may preemptively suspend compromised credentials.

4.4. In the processing of Customers’ personal data, the Business acts as controller and Purple as processor, under Lei nº 13.709/2018 (LGPD, Brazil’s data protection law), as detailed in the Privacy Policy and in section 22 of these Terms. The Business is responsible for having a legal basis for the data it enters into the Platform.

4.5. Accounts and access may only be created and used by people over 18 years old and legally capable. The Business warrants that its representatives and team members meet this requirement.

5. Subscription, price and billing

In short

The price is negotiated per Business. It is paid by card or Pix, month by month or by the year (the year has a 10% discount), charged automatically by Stripe. Pausing suspends billing; cancelling ends the plan at the close of the period already paid, with no refund of that period.

5.1. Negotiated price. The Subscription amount is individual, set in a commercial proposal accepted by the Business. There is no public price list. Billing is recurring and automatic, collected by Stripe, at the cadence chosen by the Business: monthly or yearly. The yearly plan has a 10% discount over twelve monthly payments. Card and Pix cost the same.

5.2. Pix Automático. When choosing Pix, the Business authorizes once, in its bank’s app, a recurring debit mandate (Pix Automático). The bank notifies the payer about three days before each charge, and settlement may happen a few days after the period starts; that interval is normal and does not interrupt the service. The mandate carries an authorized ceiling above the plan price so that variable usage (such as message packs, section 6) can be charged on the same fatura (payment demand); if usage exceeds the ceiling, the Business will need to raise it in the bank’s app. The Business may revoke the mandate at the bank at any time; revocation stops the charge and, if left unresolved, leads to suspension like any failed renewal (section 10).

5.3. Variable amount. Each cycle’s fatura may vary: besides the plan, it carries the usage accumulated in the period (message packs and similar items). The Business authorizes a subscription, not a fixed amount.

5.4. Pausing and cancelling. Pausing suspends billing and is reversible on the subscription page itself. Cancelling ends the plan: the service stays active until the end of the period already paid and nothing renews; coming back requires a new contract. There is no refund, full or partial, of a period already paid, including on the yearly plan, save only for termination by Purple without cause (clause 24.2).

5.5. Changing method or cadence. The Business may change the payment method or the cadence at any time, on the subscription page itself, always through a new checkout. Changing method never changes the price; changing cadence applies only that cadence’s own arithmetic (the yearly keeps its 10%). The change never shortens or refunds a period already paid: if there is a paid period still open, the new plan is authorized now and charged only at the end of that period; the subscription being replaced is ended by us at the moment the new one takes effect, and the Business is never charged twice. Replacing the card changes only the instrument charged.

5.6. Price adjustment. Price changes are communicated at least 30 days in advance and apply from the following renewal; an adjustment never reprices the period under way.

5.7. Billing documents. Three documents, three roles: the fatura is the demand for payment (shown while there is an open charge); the recibo (receipt) is proof that the payment happened; and the NFS-e (municipal service invoice) is the tax document, issued by Purple through the São Paulo city government. Only the NFS-e has tax effect; the fatura and the recibo say so in their own text, and the recibo does not replace the tax invoice. Stripe additionally sends its own billing and receipt emails; the reference commercial and tax documents are ours.

5.8. Taxes. The Subscription and pack prices include the taxes levied on the service provided by Purple. Changes in the tax burden that increase the cost of the service may be passed through under clause 5.6. Taxes owed by the Business on its own activity are exclusively its own (section 9).

6. Messages and packs

In short

Every plan includes 200 transactional messages per month. When the monthly allowance runs out, packs of 100 are bought and go on the next fatura. With automatic top-up on, the purchase happens by itself, as many times as the volume requires. The email channel always tops up by itself, even with automatic top-up off.

6.1. Monthly allowance. Every paid plan includes 200 transactional messages per calendar month, shared between WhatsApp and email. The allowance resets every month and does not roll over: unused messages generate no credit and no refund.

6.2. Packs. Beyond the allowance, messages are sold in packs of 100: WhatsApp at R$ 5,99 and email at R$ 3,59 per pack. The price in force is captured at the moment of purchase; later changes never apply retroactively. Purchased credits do not expire and are only consumed once the monthly allowance is exhausted.

6.3. Automatic top-up (WhatsApp). With automatic top-up enabled, when the balance reaches zero the Platform buys a pack on behalf of the Business, with no further confirmation, as many times as the sending volume requires in the period, and each purchase is posted to the next fatura. The Business may turn automatic top-up off at any time on the messages page of the panel. The amount is owed even if no card was charged at the moment of purchase: the charge happens on the next fatura.

6.4. Email automatic top-up, always on. Email is the contingency channel that carries the messages when WhatsApp is paused or unavailable, and for that reason it cannot stop: the email channel buys packs by itself, regardless of the automatic top-up setting. By contracting the Platform the Business expressly authorizes those purchases, which follow the same price and billing rules of clause 6.3.

6.5. Billing and cancellation. Packs are never charged on their own: the credits arrive immediately and the amount accumulates for the next fatura. If the Business cancels before that fatura is collected, the accumulated amount remains owed and is charged on the final fatura. Pack purchases are non-refundable once the messages have been consumed; credits not consumed at cancellation are not converted into money.

6.6. Delivery not guaranteed. Message delivery depends on third parties: on WhatsApp, on Meta’s approval of the templates and on the good standing of the Business’s number; on email, on the recipient providers. A WhatsApp message may be routed to email when necessary. Quota consumed is not returned if the recipient’s provider rejects the message.

6.7. Marketing. Marketing messages are outside the transactional allowance and, when available, will be charged separately and will require the recipients’ own consent.

7. Customer payments (Mercado Pago)

In short

Customers’ money goes straight to the Business’s Mercado Pago account. Treebird never holds that money and receives 1% per transaction, charged automatically by Mercado Pago. To receive payments, a business account (conta PJ) at Mercado Pago is mandatory.

7.1. Single processor. Customer payments (reservations, deposits, prepayments, payment links and checkouts) are processed exclusively by Mercado Pago. To receive them, the Business must keep an active Mercado Pago business account (conta PJ) in good standing and connect it to the Platform via OAuth authorization. There is no alternative processor.

7.2. Money flow. The amount paid by the Customer is settled directly into the Business’s own Mercado Pago account. Purple never holds, keeps in custody, passes through or intermediates Customers’ funds. This architecture is deliberate and is what separates a software platform from a payment institution.

7.3. Platform fee. On each transaction, Mercado Pago allocates to Purple a fixed fee of 1% (one percent) of the transaction amount, on every method (Pix, credit card, debit, boleto (Brazilian bank slip)). This fee pays for the technology and is independent of the fee Mercado Pago itself charges the Business under the contract between them.

7.4. Price by method. The Business sets the base price of each item. To offset higher processing fees, the Platform shows the Customer a higher total on methods other than Pix, calculated dynamically and shown before the payment is confirmed. On Pix, the Customer pays the base price.

7.5. Disputes. Reversals, chargebacks and card disputes run between the Business, Mercado Pago and the issuer, under Mercado Pago’s rules. Purple may provide the transaction records it holds, but is not a party to the dispute and does not guarantee its outcome.

7.6. Mercado Pago terms. Use of the Mercado Pago account is governed by Mercado Pago’s own terms. Suspension, blocking or closure of that account by Mercado Pago prevents receiving payments through the Platform and is not Purple’s responsibility.

8. Refunds to Customers

In short

A refund comes in full out of the Business’s Mercado Pago balance, and the fees (Mercado Pago’s and Treebird’s 1%) do not come back. The Business needs to keep enough balance to cover refunds.

8.1. When the Business refunds a Customer, the full transaction amount is debited from the balance of the Business’s Mercado Pago account. Mercado Pago does not return its processing fee, and Purple’s 1% fee is not returned either. The economic cost of the refund is therefore the Business’s.

8.2. The Business must keep enough balance in its Mercado Pago account to honor refunds. A refund without balance is declined by Mercado Pago and remains the Business’s responsibility.

8.3. The refund policy toward the Customer (deadlines, retention of the deposit, no-show, right of withdrawal) is set by the Business and must comply with applicable law, in particular the Código de Defesa do Consumidor (Brazil’s Consumer Protection Code). The Platform only executes the refund instruction given by the Business or by rules the Business configured.

9. Tax invoices and tax obligations

In short

Each side issues its own invoice. The Business issues the tax invoices for its own sales to its own customers. Purple issues an NFS-e only for the subscription the Business pays it. Treebird does not answer for the Business’s tax obligations.

9.1. The Business is solely responsible for issuing the tax documents for the sales it makes to its Customers through the Platform (reservations, food and drink, services, products), as well as for calculating and paying all taxes levied on its activity. By contracting the Platform, the Business declares and agrees that it will issue its own tax invoices as required by applicable law.

9.2. Purple does not issue tax documents on behalf of the Business, does not provide tax advice and is not liable, jointly or subsidiarily, for the Business’s tax infractions, whether of principal or ancillary obligations.

9.3. Purple issues the NFS-e for the Subscription itself (the software service it provides to the Business), under clause 5.7.

9.4. If the Platform comes to offer integration with tax invoice issuers to make issuance easier for the Business itself, that convenience transfers no tax liability to Purple: the taxpayer remains the Business.

10. Late payment, grace period and suspension

In short

Renewal failed? There is a 7-day grace period to sort it out. After that the panel is restricted to the billing page and the storefront stops accepting new reservations. Nothing is deleted, and the Business’s customers see only a neutral notice.

10.1. Grace period. If a renewal fails, the Business has 7 (seven) days of grace counted from the end of the last paid period (or, for those who never paid, from the date the price was agreed) to settle up. Stripe retries the charge on its own schedule, and the panel’s billing page shows the status and a direct link to pay the open fatura.

10.2. What suspension does. Once the grace period is over: the admin panel is restricted to the billing page; the storefront stops accepting new reservations and new orders.

10.3. What suspension does not do. No data is deleted by suspension. Existing reservations, Customer accounts and payment links already issued stay accessible throughout the suspension period.

10.4. Notice to Customers. Because the storefront faces the public, suspension is noticeable to the Business’s Customers. The notice shown to them is neutral: it says new reservations are unavailable and directs contact to the Business. Treebird does not disclose the reason for the suspension to Customers.

10.5. No fault, no suspension. There is no suspension when the cause is not attributable to the Business: price not yet agreed, billing disabled by Purple itself, or Purple’s failure to collect.

10.6. Reactivation. Once the payment is settled, full access is restored automatically, with no reactivation fee.

11. Cancellation, export and data retention

In short

Cancelled? The service runs to the end of the paid period. The data is kept for 90 days for export; after that it is deleted or anonymized, except what the law requires us to keep.

11.1. Cancellation follows clause 5.4: service until the end of the period already paid, with no refund of that period, with no renewal. Accumulated usage amounts (clause 6.5) are charged on the final fatura.

11.2. Export window. After termination (by cancellation or by termination of the contract), the Business’s account and data are kept for 90 (ninety) days. In that period the Business may request the export of its data (customer records, reservation history, financial records) in a structured format, by writing to suporte@treebird.com.br.

11.3. After the window. Once the 90 days are over, the data is deleted or anonymized, with these exceptions: financial, tax and audit records that Purple has an obligation or a legitimate interest in keeping (defense in proceedings, tax and accounting obligations) are retained for the applicable legal periods, as set out in the Privacy Policy.

11.4. The Business remains responsible, toward its Customers and the authorities, for the duties that survive the contract (warranties, promised refunds, tax custody of its own documents).

12. Domains and addresses

In short

treebird.com.br is the brand site; treebird.app is where the Platform runs. Every Business has a yourbusiness.treebird.app address, and connecting your own domain is a higher service tier. When a domain is registered for the Business, the owner of the domain is always the Business, never Purple.

12.1. treebird.com.br and treebird.app are not the same thing. Treebird uses two addresses with distinct roles:

  • treebird.com.br is Treebird’s institutional site: product presentation, plans, contact channels and the publication of these Terms and the Privacy Policy. It belongs to Purple, hosts no Business storefront and takes no reservations or Customer payments.
  • treebird.app is the running Platform: the storefronts on the shared subdomain (yourbusiness.treebird.app), the Business’s admin panel, Purple’s own operations panel and the technical integration endpoints (payment callbacks, for example). It is where the contracted service happens.
  • The Business’s own domain, once connected, serves the same storefront at the Business’s address, with no Treebird branding. Legally it remains the Platform operated by Purple, under these Terms.

12.2. Email addresses follow the same split: the Platform’s automated messages are sent from mail.treebird.com.br, and the inboxes staffed by people (contact, support, billing and the Data Protection Officer) live at treebird.com.br, as listed in section 27. Communications presenting themselves as Treebird from outside those addresses are not ours.

12.3. The entry plan serves the storefront on the shared subdomain yourbusiness.treebird.app, with the Treebird brand visible. Connecting the Business’s own domain (with the storefront entirely in the Business’s brand, with no Treebird branding) is a higher service tier, at an additional cost as set in the commercial proposal.

12.4. When Purple registers a domain in favor of the Business as part of the service, the registrant and owner of the domain is the Business, never Purple. The Business may take its domain with it when the contract ends.

12.5. DNS configuration and the issuance and renewal of TLS certificates are handled automatically by the Platform. The Business is responsible for keeping the registration of its own domain active and paid with the registrar, when the domain is managed by it.

13. Cashback and loyalty

In short

Cashback is a program of the Business: it sets the rules and it owes the balance to its customers. Treebird only supplies the system that does the math.

13.1. The cashback and loyalty program is issued, funded and owed by the Business. The Platform provides the calculation engine, the ledger and the redemption interface; it does not issue currency, does not hold loyalty balances in custody and is not the debtor of the balances.

13.2. The Business sets, and is responsible for disclosing to its Customers, the rules of its program: percentage, validity, redemption limits and conditions. Changes apply to future accruals.

13.3. If the Business leaves the Platform, the loyalty balances remain an obligation of the Business toward its Customers. Purple makes the statement of balances available to the Business, within the window of clause 11.2, so it can honor the program by other means.

14. Business content and brand

In short

The Business authorizes us to display its brand, its photos and its menu on its own storefront. It warrants that it holds the rights to that material.

14.1. The Business grants Purple a non-exclusive, free and revocable license to host, reproduce and display the logo, name, images, texts, menus and other content it enters into the Platform, to the extent necessary to provide the service (display on the storefront, emails and messages on behalf of the Business, support materials).

14.2. The Business declares that it holds the rights to the content it enters and that the content does not infringe third-party rights (copyright, image rights, trademarks) or the law. Responsibility for the content published on the storefront is the Business’s; Purple may remove manifestly unlawful content upon notice.

14.3. On storefronts on the shared subdomain, the Treebird brand appears discreetly. On the Business’s own domain, the storefront is entirely in the Business’s brand.

15. Acceptable use

In short

No spam, no fraud, no illegal use. Breaking Meta’s or Mercado Pago’s policies also breaks these Terms.

15.1. It is forbidden to use the Platform for: unlawful or fraudulent activity; the sale of prohibited products or services; sending unsolicited messages or messages outside the authorized transactional purposes; harassment or abuse; violation of personal data; reverse engineering, abusive automated scanning or attempts at unauthorized access; reselling the Platform without written authorization.

15.2. Use of the integrated channels is also subject to the providers’ policies: the commerce and messaging policies of Meta (WhatsApp) and the terms of Mercado Pago and Stripe. Sanctions applied by those providers to the Business (number blocking, funds held) are not Purple’s responsibility.

15.3. Serious or repeated violations authorize the immediate suspension of access and, as the case may be, termination of the contract, without prejudice to the applicable legal measures.

15.4. Legal compliance. Each party declares that it complies with the law applicable to its activity, including the anti-corruption rules (Lei nº 12.846/2013, Brazilian anti-corruption law), labor, health and consumer rules. The Business is responsible for the licenses and authorizations required for it to operate (business permits, health surveillance, fire department, music performance copyright, among others).

16. For Customers of the Businesses

In short

Your reservation is with the restaurant or the venue, not with us. The cancellation and refund policies are the Business’s, shown before you confirm. Payments are processed by Mercado Pago straight to the Business.

16.1. Who your contract is with. When you reserve, book, join a queue, buy or pay through a Business’s storefront, your contract is with the Business. Treebird supplies the technology on its behalf and is not the supplier of the reserved service, under the consumer law applicable to the supply chain.

16.2. The Business’s policies. Prices, deposits, prepayments, cancellation deadlines, tolerance for lateness, no-show policy and consumption rules are set by the Business and shown before confirmation of the reservation or purchase. Read them: by confirming, you accept them toward the Business. Those policies do not set aside the rights that consumer law grants you; note that reservations and tickets tied to a specific date and time involve blocking the Business’s capacity, which the law and the courts take into account when dealing with cancellations and refunds.

16.3. Payments. Online payments are processed by Mercado Pago and settled into the Business’s account. Your card details are tokenized in your browser and never pass through Treebird’s servers. On methods other than Pix the total shown may be higher than the base price, to cover processing costs; the final amount is always shown before you confirm.

16.4. Refunds and cancellations. Refund and cancellation requests follow the Business’s policy and must be handled with it, through the contact channels shown on the storefront. Treebird does not decide refunds on the Business’s behalf.

16.5. Queue and waitlist. The on-site waiting queue shows your position in real time through your personal link. The priority service required by Lei nº 10.048/2000 (priority service law) (pregnant women, nursing mothers, people carrying small children, elderly people, people with disabilities) is respected in the ordering of the queue and the waitlist.

16.6. Your account. Access to your account is by a one-time code sent to your WhatsApp or email. You are responsible for keeping your number and email under your control. The cashback you accrue is a program of the Business (section 13).

16.7. Your data. The processing of your personal data is described in the Privacy Policy, including how to exercise your LGPD rights.

17. Intellectual property

In short

The software is ours; the Business’s content and data are the Business’s.

17.1. The Platform, its code, design, trademarks (Treebird and associated marks), structural databases and documentation belong to Purple or to its licensors. Contracting grants the Business only a license to use, non-exclusive and non-transferable, for the term of the contract.

17.2. The data entered by the Business and its content remain the Business’s (clause 14). Aggregated and anonymized data, unable to identify a Business or a Customer, may be used by Purple to operate and improve the Platform.

17.3. Suggestions and feedback sent to Purple may be used freely by it, with no obligation of payment or credit.

18. Availability, dependencies and warranties

In short

We work to keep everything up, but the Platform depends on third-party services (Meta, Mercado Pago, Stripe, cloud providers) and is provided with no guarantee of uninterrupted availability.

18.1. The Platform is provided “as is”. To the extent permitted by law, Purple does not warrant uninterrupted or error-free operation, nor that the Platform meets specific purposes that were not contracted. Service level commitments (SLA) exist only if expressly set out in the commercial proposal.

18.2. Operation depends on third-party services outside Purple’s control: cloud infrastructure and hosting, Meta (WhatsApp), Mercado Pago, Stripe, email and DNS providers. Outages, changes or sanctions from those third parties are not a failure by Purple, which will make efforts to mitigate the effects and restore the service.

18.3. Scheduled maintenance will be carried out, whenever possible, at times of lower use and with reasonable prior notice in the panel.

18.4. Purple keeps operational backups, but they do not replace the periodic export of data by the Business itself, available in the panel.

19. Limitation of liability

In short

We answer for the software we provide, within limits: we do not answer for the service the Business provides, for disputes between Business and Customer, or for third-party failures. Toward the Business, our total liability is limited to what it paid us in the last 12 months.

19.1. To the maximum extent permitted by Brazilian law, Purple is not liable for:

  • acts, omissions, services, products, prices, advertising and policies of the Business, including cancellations, no-shows, quality of service and safety of the premises;
  • disputes between Business and Customer, including refunds, chargebacks and improper charges made by the Business;
  • the Business’s tax, labor, health, regulatory or consumer obligations;
  • failures, blocks, holds or decisions of third parties (Mercado Pago, Stripe, Meta, banks, card issuers, infrastructure providers, domain registrars);
  • acts of God and force majeure, under art. 393 do Código Civil (Brazilian Civil Code);
  • lost profits, indirect damages, loss of revenue, of clientele or of opportunity of the Business.

19.2. Toward the Business, Purple’s total and aggregate liability, for any cause related to these Terms, is limited to the total actually paid by the Business to Purple in the 12 (twelve) months before the event.

19.3. Nothing in these Terms excludes or limits liabilities that cannot be excluded by law, including, where applicable, consumer rights under the Código de Defesa do Consumidor and liability for willful misconduct.

19.4. The limitations in this section reflect the allocation of risk that made the Subscription price possible and are an essential part of the agreement between the parties.

20. Indemnity

In short

If Purple is pursued over something that is the Business’s responsibility (one of its customers, the tax authorities, a third party), the Business takes over the defense and the costs.

20.1. The Business will defend, indemnify and hold harmless Purple, its partners, officers and employees from any claim, assessment, judgment, cost or expense (including reasonable attorneys’ fees) arising from: (a) services provided or not provided by the Business to its Customers; (b) violation of these Terms or of the law by the Business; (c) content entered by the Business; (d) tax obligations of the Business (section 9); (e) data processing determined by the Business in breach of the LGPD.

20.2. Purple will notify the Business of the covered claims and may, at its discretion, take part in the defense with its own lawyers.

21. Support and operational access

In short

Support by email. To solve problems, our team may access the Business’s panel; every access of that kind is recorded in the audit log.

21.1. Support to the Business is provided through the channels listed in section 27, during São Paulo business hours, unless the commercial proposal says otherwise. Support to the end Customer is provided by the Business itself.

21.2. Operational access. For diagnosis and support, authorized Purple personnel may access the Business’s account and surfaces (“support impersonation”). Every access of that kind is recorded in the audit log, with author, target and time, and is limited to what is necessary for the support.

22. Data protection between the parties

In short

This is the data processing agreement required by the LGPD: Purple processes the data of the Business’s customers only under its instructions, protects it, reports incidents, helps answer data subjects and returns or deletes everything at the end.

22.1. Documented instructions. As processor (clause 4.4), Purple processes Customers’ personal data solely to provide the Platform and in accordance with the Business’s lawful and documented instructions, which are: these Terms, the Privacy Policy and the settings the Business itself makes in the panel (messages, cashback, reservation policies). Purple does not use that data for its own purposes, save for the legal cases in clause 2.4 of the Privacy Policy.

22.2. Security. Purple maintains the technical and administrative measures described in the Privacy Policy (encryption in transit and at rest, encrypted credentials, permission-based access control, audit log) and updates them as technology evolves.

22.3. Sub-processors. The Business gives general authorization for engaging the sub-processors named in the Privacy Policy. Purple binds each sub-processor to data protection obligations equivalent to those in these clauses and communicates relevant changes to the list with reasonable notice, and the Business may object on legitimate grounds before the change.

22.4. Assistance to the controller. The Platform gives the Business the tools to meet data subjects’ rights (data export, correction, deletion with anonymization), and Purple provides reasonable assistance for what the tools do not cover.

22.5. Incidents. Purple notifies the Business, without undue delay, of a security incident affecting the personal data of its Customers, with the information needed for the Business to meet its own duties toward data subjects and the ANPD (Brazil’s data protection authority).

22.6. Termination. Once the contract ends, the export window and the deletion or anonymization in section 11 apply, along with the retention periods in the Privacy Policy.

22.7. Demonstrating compliance. Upon reasonable request and respecting confidentiality and security, Purple provides the information needed to demonstrate compliance with these obligations.

22.8. Liability. Each party is liable for the LGPD violations attributable to it, under arts. 42 to 44 of the LGPD, subject to section 19.

23. Confidentiality

In short

What one party learns about the other because of the contract stays confidential, including after the relationship ends.

23.1. Each party will keep confidential the other’s non-public information it has access to by reason of this contract (negotiated commercial conditions, operating data, customer records, technology), using it only to perform the contract and protecting it with the same care it gives its own information, never below reasonable care.

23.2. Information is not confidential if it: is or becomes public without breach of this duty; was already known to the receiving party; is independently developed; or must be disclosed by law or by order of an authority, in which case the bound party will notify the other in advance, where lawful.

23.3. This duty survives for 5 (five) years after the contract ends. Personal data follows the specific regime of section 22 and of the Privacy Policy, with the more protective one prevailing.

24. Term, termination and notices

In short

The contract lasts as long as the subscription lasts. The Business may leave whenever it wants; Purple only terminates without cause with 60 days’ notice and by returning any paid period not used. Official notices are valid through the panel and the registered emails.

24.1. Term. The contract runs for an indefinite term while there is an active Subscription, contracted under section 5.

24.2. Termination without cause. The Business may end it at any time by cancelling (clauses 5.4 and section 11). Purple may terminate the contract or discontinue the Platform with 60 (sixty) days’ prior notice; in that case, amounts paid for a period not yet used are refunded pro rata, the only case of a refund of a paid period.

24.3. Termination for breach. Either party may terminate if the other breaches a relevant obligation and does not cure it within 15 days after notice. Termination is immediate in the serious violations of clause 15.3, in fraud or in use that exposes the security of the Platform or of third parties.

24.4. Notices. The official channels are the admin panel and the emails registered by the Business, plus the addresses in section 27. Communications sent to those destinations are deemed received; keeping contacts up to date is the Business’s burden.

24.5. Assignment. The Business may not assign this contract without Purple’s written consent. Purple may assign it to a company in the same group or to a successor in a corporate transaction, keeping the conditions in force.

24.6. General provisions. These Terms, the commercial proposal and the Privacy Policy form the entire agreement between the parties and replace prior understandings. The parties are independent: nothing here creates a partnership, agency, franchise or employment relationship. Electronic acceptance is fully valid in law. Clauses that by their nature must survive do survive termination, including sections 9, 17, 19, 20, 22 and 23 and the data retention rules.

25. Changes to these Terms

In short

Relevant changes are announced at least 15 days in advance. Continuing to use the Platform after that means agreeing.

25.1. These Terms may be updated to reflect changes in the Platform, in the law or in third-party services. Material changes will be communicated to Businesses at least 15 (fifteen) days in advance, by email or by notice in the panel; changes required by law or for security may take effect immediately.

25.2. Use of the Platform after the new version takes effect constitutes acceptance. If the Business does not agree, it may cancel under section 11 before the effective date; negotiated commercial conditions remain governed by the proposal in force until its renewal.

25.3. The version in force, with the update date, is published on this page.

26. Governing law and jurisdiction

In short

Brazilian law applies. Disputes with Businesses: the courts of São Paulo, SP. Consumers keep the courts of their own domicile.

26.1. These Terms are governed by the laws of the Federative Republic of Brazil.

26.2. For disputes between Purple and a Business, the courts of the Judicial District of São Paulo, State of São Paulo, are elected, waiving any other, however privileged.

26.3. For Customers who qualify as consumers toward Purple, the courts of the consumer’s domicile prevail, under the Código de Defesa do Consumidor.

26.4. If any provision of these Terms is held invalid, the remaining ones stay in force. Tolerating a breach does not constitute a waiver.

26.5. Language. These Terms are written in Portuguese, and that is their official and binding version. This English text is a translation offered only for the convenience of the reader; in case of any divergence in meaning, the Portuguese text prevails.

27. Contact

In short

Talk to us at Treebird’s official email addresses.

Customers of a Business should first look for that Business’s own channels, shown on the storefront; for personal data matters, the DPO channel above is also available.

Questions about this document? Write to suporte@treebird.com.br. Personal data matters: dpo@treebird.com.br.