Terms of Use and Subscription Agreement
These Terms of Use and Subscription Agreement ("Terms") govern access to and use of the Donnu Convert platform. By creating an account, subscribing to a plan, or using the platform, you represent that you have read, understood, and fully agree to these Terms. If you do not agree, do not use the platform.
- Who we are and the subject
- Definitions
- Registration and account
- Service description
- Plans, prices, and payment
- Changes to plans, prices, and policies
- Acceptable use
- Customer responsibilities and data protection
- Intellectual property
- Personal data
- Disclaimer of warranties
- Limitation of liability
- Indemnification
- Suspension and termination
- Changes to these Terms
- Communications
- General provisions
- Governing law and venue
1. Who we are and the subject
The Donnu Convert platform ("Donnu Convert", "platform", or "service") is operated by DONNU LTDA, a Brazilian limited liability company registered under CNPJ No. 65.082.197/0001-09, with its head office at Rua Lorena, 649, Loja Parte, Padre Eustaquio, Belo Horizonte, State of Minas Gerais, Brazil, ZIP 30.730-170 ("Donnu", "we").
Donnu Convert is a software-as-a-service (SaaS) tool for creating, publishing, and analyzing banners and pop-ups shown on websites, with A/B tests of pop-ups, lead capture, reports, and company and team management. These Terms constitute an agreement between Donnu and the individual or legal entity that subscribes to and uses the service ("Customer", "you").
2. Definitions
- Account: the record that grants access to the platform, created by an account owner, who may invite other users.
- Company: a grouping of sites within the Account, used to organize work and to define what each invited user can see.
- Tag: the installation code (JavaScript) that the Customer places on its own sites, directly or through a tag manager, to show the Pop-ups and record interactions.
- Visitor: the person who accesses the Customer's sites where the Tag is installed.
- Pop-up: the banner or window (for example, modal, slide-in, bar, or full screen) created by the Customer on the platform to be shown to Visitors, including its A/B test variants.
- Lead: the data a Visitor types and submits in a Pop-up form.
- Plan: the subscribed package of features and limits, as described on the platform.
3. Registration and account
To use the platform, you must create an account, have full legal capacity and be at least 18 years old, and provide true, accurate, and up-to-date information. The service is intended for professional and business use.
You are solely responsible for safeguarding your access credentials and for all activity carried out under your account, including that of users you invite. Each invited person has a role (admin or user), and users' access may be limited to specific Companies. Notify us immediately of any unauthorized use. Donnu is not liable for losses arising from the misuse of credentials under your control.
If you forget your password, request a reset by emailing contato@donnu.com.br.
4. Service description
The platform lets you create Pop-ups in a visual editor, set display triggers and targeting rules (for example, page, device, traffic source, frequency, approximate location, and schedule, depending on the Plan), publish them on the Customer's sites through the Tag, split traffic across variants in A/B tests, capture Leads through forms, and view reports on impressions, clicks, conversions, and Leads.
Reports and A/B test results are estimates meant to support decisions. Donnu does not guarantee that any Pop-up or test will increase conversions, Leads, revenue, or any other metric, nor that a variant that performed better in a test will produce the same result in the future. The decision to publish, keep, or change any Pop-up is solely yours.
Whether Pop-ups are shown depends on the correct installation of the Tag and on factors outside Donnu's control, such as content blockers, the site's security settings, and the Visitor's browser preferences. Ready-made templates offered in the editor, including the cookie consent bar template, are starting points: it is your responsibility to adapt their text and behavior to the law that applies to your site.
5. Plans, prices, and payment
The service is paid and has no free plan and no free trial. The plans, features, limits, and prices in effect are those displayed on the platform at the time of subscription. As of this version, the plans are Starter (US$ 9 or R$ 29 per month), Pro (US$ 19 or R$ 79 per month), and Enterprise (US$ 39 or R$ 149 per month).
- Account without a plan: an account without an active Plan can create Pop-ups and register sites, but cannot publish them. No Pop-up is shown on the sites until a Plan is subscribed.
- Billing and renewal: the subscription is monthly and charged to a card through Stripe, a third-party payment processor, subject to that processor's terms. The subscription renews automatically at the end of each cycle until you cancel it.
- Currency and taxes: unless stated otherwise on the platform, the billing currency follows the platform language at the time of subscription: Brazilian reais (R$) in Portuguese and United States dollars (US$) in English and Spanish. Prices do not include taxes, conversion fees, or payment-method charges, which are your responsibility.
- Plan changes: the account owner may change Plans at any time in "Manage subscription" (the Stripe portal). On a change, Stripe calculates the prorated amount for the remainder of the cycle, as a credit or a charge, applied to the subscription invoices.
- Non-payment: if a charge is not paid, Stripe may retry it. Failure to pay may lead to the end of the subscription and to suspension or termination of access, without prejudice to the collection of amounts due.
- Cancellation and refunds: the account owner may cancel at any time in "Manage subscription". Cancellation stops future renewals and the Plan remains active until the end of the period already paid. Except where required by law, amounts already paid for the current cycle are non-refundable.
- End of subscription: when the subscription ends, whether by cancellation or non-payment, Pop-ups stop being shown on the sites, but nothing is deleted. Pop-ups, reports, and Leads remain in the account, and the Pop-ups can be shown again when a Plan is subscribed again.
- Plans without charge: Donnu may, at its discretion, grant Plans without charge or discount coupons, under the conditions it states.
6. Changes to plans, prices, and policies
Donnu may, at its discretion, create, modify, rename, or discontinue plans, change features and limits, and adjust prices at any time.
- Price changes affecting an active subscription take effect at the renewal following notice, given at least 30 (thirty) days in advance. You may cancel before renewal if you do not agree with the new price.
- New features may be offered in specific plans, and features may be reallocated between plans.
- The policies applicable to the service, including the Privacy Policy and the Cookie Policy, may be updated as described in Section 15.
Continued use of the platform after any change takes effect constitutes acceptance of it.
7. Acceptable use
You agree not to use the platform to, nor allow third parties to:
- install the Tag or show Pop-ups on sites or pages you do not control or are not authorized to modify;
- insert into Pop-ups malicious or deceptive code, content, or scripts, capture data improperly (for example, passwords or payment card data in forms), infringe third-party rights, or break the law;
- publish unlawful, defamatory, or discriminatory content, or content that infringes intellectual property or third-party rights;
- attempt to bypass plan limits, access third-party accounts or data, reverse engineer, copy, resell, or sublicense the platform;
- send fake or automated events or Leads to the platform, or overload, harm, or compromise the security and operation of the platform or its infrastructure.
A breach of this Section authorizes immediate suspension or termination of access.
8. Customer responsibilities and data protection
You are solely responsible for your sites, for the Pop-ups you create and publish, for the content and forms of those Pop-ups, and for the correct installation of the Tag.
With respect to Visitor data processed through the Tag on your sites, including Leads, you act as the controller and Donnu acts as the processor, under Brazil's Law No. 13,709/2018 (LGPD) and, where applicable, other data protection laws. As controller, you must:
- maintain your own privacy policy and cookie policy, informing Visitors about the collection performed by the Tag, including the identifier stored in the browser's local storage (localStorage) to keep the Visitor in the same variant, apply frequency rules, and count unique visitors;
- tell Visitors, when collecting Leads, what the data will be used for;
- ensure an adequate legal basis for the processing, including for the use you make of Leads (such as sending communications), and obtain Visitors' consent where applicable. If your site uses a consent tool, the Tag can wait for the consent signal before running, as described in the Cookie Policy;
- respond to data-subject requests relating to your sites, including deleting Leads where appropriate. The account owner and admins can delete Leads in the dashboard.
Donnu will process Visitor data solely to provide the service, in accordance with the Privacy Policy and the instructions arising from this agreement.
9. Intellectual property
The platform, software, brand, texts, visual elements, and all Donnu Convert technology are owned by Donnu and protected by law. We grant you a limited, non-exclusive, non-transferable, and revocable license to use the platform under these Terms for as long as the subscription lasts.
The content of your Pop-ups, your Leads, and the other data you enter or generate remain yours. You grant Donnu the authorizations needed to host, process, and display that content for the purpose of providing the service.
10. Personal data
Donnu's processing of personal data is governed by the Privacy Policy and the Cookie Policy, which are part of these Terms. Donnu adopts technical and organizational measures to protect data, but no service is immune to risk, and you acknowledge that absolute security cannot be guaranteed.
11. Disclaimer of warranties
The platform is provided "as is" and "as available", on a best-efforts basis. To the maximum extent permitted by applicable law, Donnu makes no warranty that the service will be uninterrupted, error-free, secure against every threat, or that it will meet specific expectations of performance, availability, or results.
Donnu may perform maintenance, updates, and changes to the service, and does not guarantee any minimum availability (SLA) unless expressly contracted under a specific arrangement.
12. Limitation of liability
To the maximum extent permitted by applicable law, Donnu is not liable for indirect, incidental, special, punitive, or consequential damages, nor for lost profits, loss of revenue, data, opportunity, or goodwill, arising from the use of or inability to use the platform.
Donnu's total aggregate liability, for any cause related to the service, is limited to the amount actually paid by you to Donnu in the 12 (twelve) months preceding the event giving rise to the claim. These limitations apply even if Donnu has been advised of the possibility of such damages.
13. Indemnification
You agree to defend, indemnify, and hold harmless Donnu, its partners, officers, and staff from any claims, losses, damages, fines, and expenses (including legal fees) arising from: (a) your use of the platform in breach of these Terms or the law; (b) the content of the Pop-ups you publish; (c) the processing of your Visitors' data, including Leads; and (d) your infringement of third-party rights.
14. Suspension and termination
Donnu may suspend or terminate access, in whole or in part, in the event of a breach of these Terms, non-payment, use that threatens the security or integrity of the service, or a legal requirement. You may cancel the subscription at any time in "Manage subscription" and request deletion of the account by emailing contato@donnu.com.br.
Upon termination of the account, the right to use the platform ends. We may delete the data associated with the account after a reasonable period, except where retention is required by law. Clauses that by their nature should survive termination (such as intellectual property, limitation of liability, and indemnification) remain in force.
15. Changes to these Terms
Donnu may change these Terms and the policies linked to them at any time. Material changes will be communicated by reasonable means (for example, a notice on the platform or by email) before they take effect. The version in force will always be available on the platform, with its date. Continued use after a change takes effect constitutes acceptance of the changes.
16. Communications
You agree to receive communications from Donnu by electronic means, including email and notices on the platform, and acknowledge that these communications satisfy any legal requirement for written form.
17. General provisions
Donnu is not liable for failures arising from acts of God, force majeure, or third parties (such as internet, hosting, power, or provider failures). Any tolerance of a breach does not imply waiver of rights. If any clause is held invalid, the remaining clauses stay in full force. Donnu may assign this agreement to third parties in the event of a corporate reorganization; you may not assign your position without prior consent. These Terms, together with the policies referenced in them, constitute the entire agreement between the parties as to their subject.
18. Governing law and venue
These Terms are governed by the laws of the Federative Republic of Brazil. The courts of the District of Belo Horizonte, State of Minas Gerais, Brazil, are elected to settle any disputes, waiving any other, however privileged, except for rules of jurisdiction the law deems mandatory.
CNPJ 65.082.197/0001-09
Rua Lorena, 649, Loja Parte, Padre Eustaquio, Belo Horizonte/MG, Brazil, ZIP 30.730-170
Contact: contato@donnu.com.br