Terms of Service — LeafProton

Version 1.1

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Plain-language summary. It does not replace the text: in case of divergence, the full text of the clauses prevails.

• LeafProton is a tool for organizations and professionals to build forms, automations and dashboards. It is not a household or consumer product.
• Your content is yours. The forms you build and the responses you receive remain yours — and so does the responsibility for them.
• You decide what to ask. If your form collects personal data from other people, you are the controller of that data; we are the processor (Annex I).
• Automations do what you told them to. The email your flow sends is your email; the API call it makes is your call.
• AI makes mistakes. What the assistant proposes is a suggestion, not a decision. Check it before using it.
• Keep your own copies. The Service is not your backup.
• Liability is limited to what you paid in the last 12 months — and, on the free plan, to the amount in clause 23.3.

1. What this agreement governs

1.1. These Terms of Service ("Terms") are the agreement between the operator of the LeafProton platform ("LeafProton", "we") and the individual or legal entity that creates an account or uses the platform ("Customer", "you").

1.2. The Terms govern access to and use of the LeafProton platform, available at app.leafproton.com, of the leafproton.com website, of the public forms published through it, of the APIs and of any other resource that refers to this document (together, the "Service").

1.3. The following form part of these Terms, as if transcribed here:

• the Privacy Policy, published at leafproton.com/en/legal/privacy/;
• Annex I — Processing of personal data, which governs the processing we carry out on behalf of the Customer;
• the subscribed plan and the commercial conditions accepted at the time of subscription.

1.4. In case of conflict, the following prevail, in this order: (i) the specific agreement signed between the parties, if any; (ii) Annex I, as to personal data; (iii) these Terms; (iv) the Privacy Policy; (v) support materials, documentation and website.

2. Definitions

3. Acceptance, capacity and who is bound

3.1. Acceptance takes place by ticking the acceptance box at sign-up, by signing in through an identity provider with express acceptance, or by the mere use of the Service — whichever occurs first. The electronic record of acceptance, with date, time and IP address, is sufficient proof of the contract.

3.2. To have an Account you must be 18 years old, or the age of majority in your country, whichever is higher, and have full legal capacity. The Service is not offered to minors.

3.3. If you accept on behalf of an organization, you represent that you have the authority to bind it. In that case, "Customer" is the organization, and it is responsible for these Terms.

3.4. The Customer is responsible for all acts performed in its Spaces, including by its Authorized Users, as if they were its own acts. Inviting someone into a Space is an act of the Customer, not ours.

4. Professional purpose of the Service

4.1. The Service is designed, priced and offered for professional, business or institutional use — as a work tool to run the Customer's internal processes. It is not offered as a product intended for end consumers, and the Customer declares that it contracts in that capacity, integrating the Service into its activity.

4.2. The parties contract on an equal footing, free to negotiate and not to contract. The risk-allocation clauses agreed here — in particular clauses 22, 23 and 24 — are an essential element of the economic balance of the agreement and were taken into account in setting the price.

4.3. If the Applicable Law grants the Customer, in a specific situation, consumer protections that cannot be set aside by contract, those protections prevail over whatever is incompatible with them, and the remainder of these Terms remains valid (clause 31.1).

5. Account, credentials and security

5.1. You must provide true, complete and up-to-date information — especially your email, which is the official channel for security and contract notices.

5.2. Credentials are personal and non-transferable. You are responsible for keeping them confidential and for all activity carried out with them, unless you prove a failure attributable exclusively to us.

5.3. We recommend keeping two-step verification enabled. Declining to use it is the Customer's decision, and the corresponding risk is the Customer's.

5.4. Notify us immediately, through the channels in clause 32, if you suspect unauthorized access. Until the notice is received, actions performed with the credentials are presumed legitimate.

5.5. We may require identity verification, email confirmation, an anti-bot challenge or re-authentication whenever there is an indication of risk.

6. Spaces, team and roles

6.1. The Space is the boundary of security, team and billing. Whoever creates the Space is its first Administrator.

6.2. It is exclusively up to the Customer to define who gets in, with what role, and to review that access periodically. We do not audit, approve or question the permissions you grant.

6.3. Internal disputes of the Customer over the ownership of a Space (for example, a dispute between partners or the departure of an employee) must be resolved between the parties involved. We are not an arbiter of such disputes and may, at our discretion, freeze the Space until we are presented with a decision from a competent authority, an agreement between the parties or a statement from the Administrator of record.

6.4. The departure of an Authorized User does not delete the Customer Content they created — the content belongs to the Space.

7. Plans, prices, payment and default

7.1. The Service is offered on a Free Plan and on paid plans, whose features, limits and prices are those published on the website or in the commercial proposal in force on the date of subscription.

7.2. Paid plans are billed per active Authorized User of the Space, in a monthly cycle matching the calendar month. Adding a user in the middle of the cycle is charged pro rata for the remaining days, at the time of the addition, and the user only takes a seat in the Space after payment is approved; removal takes effect in the following cycle, without a pro rata refund of the current cycle.

7.3. Prices do not include taxes. Taxes levied on the transaction, withholdings required by law, bank fees, exchange-rate variation and payment-method fees are borne by the Customer, unless the Applicable Law places the burden on us.

7.4. Failure to pay subjects the Customer to late-payment interest of 1.5% per month — or the maximum allowed by the Applicable Law, if lower —, to the adjustment of the amount by the official inflation of the billing currency and to collection costs, including attorneys' fees.

7.5. If payment is not approved, the subscribed plan is kept for as long as the collection attempts last, conducted by the payment processor, with notice to the Account's email. Once the attempts end without approval, the Space returns to the Free Plan and whatever exceeds that plan's limits is deactivated, as provided in clause 14.1.1 — without deletion of Customer Content. Termination and its effects follow clause 18.

7.6. Prices may be adjusted annually by the official inflation of the billing currency and revised at any time with 30 (thirty) days' notice, with the Customer's right to terminate at no cost before the new price takes effect.

7.7. Complaints about amounts charged must be submitted within 90 (ninety) days of the invoice. This period is a contractual condition for the administrative review of the charge and does not change limitation periods set by law.

7.8. The electronic record of acceptance, the usage records of the Service and the invoices issued constitute proof of the existence and amount of the debt, and are a valid document for collection to the extent allowed by the Applicable Law.

7.9. Right of withdrawal. Where the Applicable Law grants the Customer a withdrawal period for distance contracts, that right is honored within the legal period, with a pro rata refund of the amounts paid.

8. Free Plan, trials and evolving features

8.1. The Free Plan is provided at our discretion, "as is", with no guarantee of availability, performance, data retention or continuity. We may change, limit or discontinue it at any time, with reasonable notice when feasible. The Free Plan limits in force are those published on the website.

8.2. Because it is provided without financial consideration, on the Free Plan we are liable only for willful misconduct, to the fullest extent permitted by the Applicable Law.

8.3. Features identified as beta, preview, experimental or in testing are offered for evaluation, may change or disappear without notice and must not be used in a critical process of the Customer.

8.4. We may discontinue paid-plan features with 60 (sixty) days' notice to the Account's email; if the discontinued feature is essential to the contracted use, the Customer may terminate at no cost, with a pro rata refund of the amount paid for the unused period.

9. Customer Content: ownership and license

9.1. Customer Content is and remains the Customer's. We do not acquire ownership of it.

9.2. You grant us a non-exclusive, worldwide, royalty-free and limited license to host, store, copy, transmit, display, format and process the Customer Content exclusively to: (i) provide, maintain and protect the Service; (ii) execute the automations you configured; (iii) comply with a legal requirement or an order from a competent authority; and (iv) provide support when requested by you.

9.3. The license remains in force for as long as the agreement lasts and for the retention period in clause 18.4, ending with the deletion of the data.

9.4. We do not use Customer Content to train artificial intelligence models, ours or third parties', nor do we assign, sell or license it to third parties for that purpose.

9.5. You represent and warrant that you hold the necessary rights over the Customer Content and that it does not violate any law, contract, third-party right, intellectual property or personality right.

9.6. We do not review Customer Content in advance, and we have no duty to do so. The absence of review does not mean agreement with the content.

10. Rules of use

10.1. It is forbidden to use the Service to:

1. commit an unlawful act, fraud, money laundering, a pyramid scheme or embezzlement;
2. collect, store or process personal data without a legal basis, without informing the data subject or in breach of the applicable data protection legislation;
3. send unsolicited bulk messages (spam), phishing, social engineering or any deceptive capture of data or credentials;
4. publish a form that impersonates a third party, brand or institution without authorization;
5. host or distribute content that infringes copyright, trademarks, trade secrets, honor, image or privacy;
6. transmit malware, perform scanning, unauthorized penetration testing, injection or any attempt to access another Space's data;
7. circumvent quotas, technical limits, access controls, anti-bot or security measures, including through automation, scraping or the serial creation of accounts;
8. attack, overload or map third-party systems, including through flows, webhooks or external value lookups;
9. resell, sublicense, offer as your own service (white label) or make the Service available to third parties who are not Authorized Users, except under a specific agreement;
10. reverse engineer, decompile or attempt to extract the source code, except to the extent expressly permitted by mandatory law;
11. use the storage as a generic repository, for load testing or for archiving unrelated to the use of the Service.

10.2. Sensitive data and restricted categories. The Service is not marketed as a specialized solution for sensitive personal data, health data, biometric data, data of children and adolescents, payment card data or data subject to specific sector regulation. The Customer who chooses to process such data in the Service:

• represents that it has an adequate legal basis and has assessed the technical suitability of the platform;
• assumes the full risk of that choice; and
• may not claim that the Service is unsuitable for a regulatory requirement that was not presented to and accepted by us in writing before contracting.

10.3. It is forbidden to enter into the Service a full payment card number, a security code, a third party's password or an access key to someone else's system.

10.4. Trade controls and sanctions. The Customer represents that it is not established, nor acts on behalf of anyone established, in a territory subject to comprehensive sanctions, and that it is not on any restricted-party list of a competent authority. Use of the Service in violation of sanctions or export control rules is forbidden and authorizes immediate termination.

10.5. Violation of this clause authorizes immediate suspension, regardless of prior notice, without prejudice to other measures.

11. Public forms, respondents and third-party data

11.1. Forms published by the Customer receive a public link: anyone with the address can respond to them. It is the Customer's decision to publish, to whom to disclose the link and when to unpublish.

11.2. As to the personal data collected in the Customer's forms, the Customer is the controller and LeafProton is the processor, as provided in Annex I. It is up to the Customer, and to the Customer alone, to:

• define which data will be requested and for what purpose;
• have a legal basis for the collection and processing;
• inform the Respondent, through its own notice, about the processing carried out;
• respond to the Respondents' rights requests;
• notify incidents to the authorities and to data subjects, when applicable.

11.3. We have no direct legal relationship with the Respondent regarding the content collected by the Customer, and we are not responsible for the lawfulness of that collection.

11.4. A request from a Respondent addressed to us about data collected through a Customer's form will be forwarded to the Customer, who must handle it within the legal time limits. The Customer undertakes to maintain a contact channel able to receive such forwarded requests.

11.5. Attachments sent by Respondents are Customer Content, count against the Space's storage quota and are subject to the rules of clause 10.

12. Automations, email sending and integrations

12.1. Flows execute exactly what the Customer configured: triggers, conditions and actions, including sending email, calling third-party APIs, recording values and fetching external data.

12.2. Email sent by a flow is the Customer's communication. It is up to the Customer to ensure a legal basis for sending, consent when required, correct identification of the sender and an unsubscribe mechanism, observing the electronic communication rules applicable to the recipient.

12.3. Spam complaints, reputation blocks or sanctions from email providers caused by the Customer's sending authorize the immediate limitation of sending capacity or the suspension of the feature, and the Customer is liable for the damage caused to the shared sending reputation.

12.4. Integrations with third-party systems (ERP, webhooks, APIs, identity providers, spreadsheets) depend on services we do not control. We do not guarantee their availability, compatibility, continuity or correctness, and the use of these services is subject to each provider's terms.

12.5. The Customer represents that it is authorized to access, through the Service, the third-party systems it configures, and is responsible for the traffic generated against them.

12.6. We apply technical limits (quotas, rate per minute, body size, blocking of internal addresses) that may prevent Customer configurations. These limits are a security measure and do not constitute a defect of the Service.

12.7. Connected AI. You may connect to your Account a third-party artificial intelligence tool of your choice (a general-purpose AI assistant, for example) to read and, if you authorize it, change the content of the Spaces you belong to, always with the permissions you have in each Space. A connected AI is not an AI Feature: with it we do not use our models or consume credits. By authorizing the connection, you authorize sending to that tool the data it requests within the scope you chose, under your responsibility; you acknowledge that the processing carried out by the tool is governed by the terms and policy of its provider, which we do not control; and you are responsible for the actions it takes on your behalf as if you had taken them in the Service.

12.8. The connection lasts 7 (seven) days, with no automatic renewal, and can be undone at any time in the Account. The Space Administrator can block connected AIs in the whole Space or for an Authorized User. Higher-risk actions ask for confirmation before being saved, and the actions taken by each connection are recorded for 90 (ninety) days, without the content of the data, for support and security.

13. Artificial intelligence features

13.1. AI Features produce suggestions: proposed forms, proposed flows, analyses and natural-language answers. Nothing is applied without an act of the Customer.

13.2. Language models may err, omit, make up information and produce inconsistent results. The Customer is responsible for reviewing, validating and deciding on any result before using it.

13.3. The outputs of AI Features are not advice of a legal, accounting, tax, financial, medical or any other regulated professional nature, and must not be used as such.

13.4. To operate the AI Features, the portions of the Customer Content necessary for the task (for example, the file sent to the assistant and the conversation) are transmitted to AI model vendors, identified in the vendor list published at leafproton.com/en/legal/subprocessors/, including in other countries. By using these features, the Customer authorizes that transmission. Whoever does not want that transmission should stop using the AI Features — the rest of the Service works without them.

13.5. AI results may be similar for different users from similar prompts. We do not guarantee exclusivity, originality, novelty or the possibility of intellectual property protection over what the AI generates.

13.6. AI Features are measured in credits, allocated per Space for each calendar month according to the subscribed plan; the consumption of each interaction varies with the model and with the size of the text processed. Once the month's credits are used up, the feature becomes unavailable until the turn of the month or until moving to a plan with more credits. Unused credits do not carry over to the following month.

13.7. If the AI vendor fails or becomes unavailable, the feature is interrupted with a notice on screen. This does not constitute a breach on our part nor entitle any reduction in price.

14. Storage, quotas and limits

14.1. Each Space has limits according to the subscribed plan: storage, size per file, number of resources — Authorized Users, published forms, active flows, dashboards, data sources and reports — and monthly usage — responses received, emails sent, flow executions, report generations and AI credits. The limits in force are those published on the website. Reports generated on the Free Plan carry the platform's brand in the footer; paid plans allow it to be removed.

14.1.1. When a plan is downgraded, whatever exceeds the limits of the new plan is deactivated: it remains visible and exportable, but stops operating until the Customer removes it, stays within the limit or upgrades the plan. Nothing is deleted for exceeding a limit.

14.2. Once the quota is reached, new submissions are refused until the Customer frees up space or upgrades the plan. We do not delete Customer content for exceeding a quota without prior notice.

14.3. We may apply additional technical limits to protect the stability of the Service and of third parties, including temporary rate limiting in case of anomalous use.

15. Third-party content, reports and removal

15.1. We are an infrastructure provider for content created by third parties. We do not exercise prior editorial control over Customer Content and have no general obligation to monitor it.

15.2. We make content unavailable upon an order from a competent authority, or upon a substantiated notice that identifies the complainant, the address of the content and the reason for its unlawfulness. Intimate content disclosed without consent is removed upon notice from the participant or from their legal representative.

15.3. Reports must be sent to abuse@leafproton.com. We may, at our discretion and without any obligation to do so, remove or suspend content and Spaces that appear to violate these Terms or the law, including before an order from an authority. Voluntary removal does not create a duty to monitor nor constitute an acknowledgment of responsibility for the content.

15.4. We keep access records for the period set out in the Privacy Policy and provide them upon an order or request from a competent authority, informing the Customer whenever not legally prohibited.

16. Availability, maintenance and support

16.1. We strive to keep the Service available, but we do not guarantee uninterrupted, error-free or failure-proof operation. The Service depends on the internet, on cloud providers and on third parties beyond our control.

16.2. We may carry out scheduled maintenance, preferably at times of lower use, and emergency maintenance at any time, when necessary for the security or integrity of the Service.

16.3. There is no SLA on the Free Plan. Availability commitments, support response times and credits for unavailability exist only if they are part of the subscribed plan or of a specific signed agreement.

16.4. Where there is an availability commitment, the service credit is the Customer's sole remedy for non-compliance, and it is not cumulative with compensation of any kind for the same event.

16.5. The following do not count toward unavailability: announced scheduled maintenance; failure of the Customer's connection, equipment or configuration; failure of an integrated third party; legitimate suspension under these Terms; force majeure; and use contrary to the documentation.

16.6. Support is provided through the published channels, in the languages in which the Service is offered, on business days, with no response-time commitment unless contracted.

17. Backup, export and data loss

17.1. We maintain backup routines for our own operational continuity. These routines are not a backup service for the Customer and do not guarantee the restoration of an individual item, of a previous version or of content deleted by the Customer.

17.2. It is the Customer's responsibility to keep its own up-to-date copies of the Customer Content, using the available export features.

17.3. Deletion by the Customer or by its Authorized Users is final after the applicable grace periods, and we have no obligation to reverse it.

17.4. Under no circumstances are we liable for data loss resulting from: an act of the Customer or of its Authorized Users; a flow configuration made by the Customer; the use of compromised credentials; or the absence of its own copy in breach of clause 17.2.

18. Suspension, termination and effects

18.1. The Customer may terminate at any time, by canceling the plan or deleting the Account through the Account preferences. Termination takes effect at the end of the current paid cycle, without a pro rata refund, except in the case of clause 7.9.

18.2. We may suspend access, in whole or in part, immediately and regardless of prior notice when there is: a violation of clause 10; a risk to the security, integrity or reputation of the Service or of third parties; an order from an authority; or default as provided in clause 7.5. In the event of suspension without prior notice, we will inform the Customer afterwards, when not legally prohibited.

18.3. We may terminate without cause with 30 (thirty) days' notice to the Account's email, refunding pro rata the amounts paid for the unused period. That is the only amount due in that case.

18.4. Effects of termination. Once the agreement ends, for any reason:

18.5. Clauses 9.5, 10, 13.5, 17, 19, 20, 22, 23, 24, 25, 31 and Annex I, to the extent applicable, survive termination.

19. Intellectual property

19.1. The Service — software, code, interfaces, design, trademark, name, logo, documentation, ready-made templates and website content — belongs to us or to our licensors, and is protected by intellectual property laws and by the applicable international treaties.

19.2. We grant the Customer a personal, limited, revocable, non-exclusive and non-transferable license to use the Service, while the agreement is in force and subject to these Terms. No other right is granted, expressly or impliedly.

19.3. Using our trademark, name or visual identity without written authorization is forbidden, except for factual reference to the use of the Service.

19.4. Suggestions and feedback you send us may be used freely, without confidentiality, attribution or consideration, and any resulting implementation belongs to us.

20. Aggregate data and statistics

20.1. We may generate and use aggregate and anonymized data about the use of the Service (volumes, performance, error patterns, feature adoption) to operate, measure, protect and improve the product, and to produce market statistics.

20.2. Such data do not identify the Customer, its Authorized Users or Respondents, do not contain Customer Content and, once irreversibly anonymized, are no longer personal data.

21. Privacy and data protection

21.1. The processing of personal data in which we act as controller (account, billing, security, communication) is described in the Privacy Policy.

21.2. The processing in which we act as processor, on behalf of and under the instructions of the Customer (Customer Content and Respondents' data), is governed by Annex I to these Terms, which serves as the personal data processing agreement.

21.3. Each party is responsible for complying with the obligations the law assigns to it in its own position, with no presumed joint liability between the parties.

22. Warranties and what we do not warrant

22.1. We warrant only that we will provide the Service with the technical diligence customary in the industry and in accordance with the published documentation.

22.2. Except for item 22.1 and what the Applicable Law mandatorily requires, the Service is provided "as is" and "as available", without warranties of any other kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, we do not warrant that:

1. the Service will meet any requirement, purpose, expected result or specific regulatory demand of the Customer that has not been agreed in writing;
2. operation will be uninterrupted, timely, secure or error-free;
3. defects will be corrected within a set time;
4. the results of AI Features will be correct, complete, accurate or suitable;
5. the Service is compatible with third-party systems, formats or integrations;
6. data, content and configurations will be free from loss, alteration or unavailability resulting from events beyond our control.

22.3. No information obtained in a conversation, marketing material, demonstration, support message or website publication creates a warranty not expressly provided for in this document.

23. Limitation of liability

This clause and clause 24 allocate the risks of the agreement and are a determining condition of the price charged. Without them, the Service would not be offered on these commercial terms.

23.1. Excluded damages. To the fullest extent permitted by the Applicable Law, we are not liable for lost profits, loss of revenue, loss of business, loss of opportunity, loss of contract, loss of clientele, damage to image or reputation, loss or corruption of data, the cost of obtaining a substitute service, nor for indirect, consequential, incidental, special or punitive damages — even if informed of the possibility of their occurrence.

23.2. Events for which we are not liable. We are not liable for damages resulting from:

1. Customer Content, including its lawfulness, accuracy and legal basis;
2. configuration made by the Customer, especially flows, permissions, publication of forms and sending of messages;
3. a decision made by the Customer with the support of results from AI Features;
4. the use of the Customer's credentials by anyone whomsoever, as provided in clause 5.2;
5. failure, unavailability, change or discontinuation of a third-party service (cloud, identity provider, AI vendor, email provider, system integrated by the Customer);
6. legitimate suspension or removal under these Terms;
7. use of the Free Plan, of beta features or use contrary to the documentation;
8. the absence of the Customer's own copy of the Customer Content (clause 17.2);
9. acts of God or force majeure (clause 30).

23.3. Liability cap. To the fullest extent permitted by the Applicable Law, our total and aggregate liability, for any and all events occurring during the term of the agreement, whatever the basis — contractual, extra-contractual or statutory —, is limited, per Customer and for all claims combined, to:

• Paid plans: the amount actually paid by the Customer in the 12 (twelve) months preceding the triggering event; and
• Free Plan, trials, demonstrations and beta features: the equivalent of one month of the lowest paid plan, in the billing currency, subject also to clause 8.2.

23.4. No multiplication. The cap is single and aggregate: multiple claims, users, Spaces or events do not multiply it.

23.5. Exceptions. The limitations of this clause do not apply to willful misconduct, fraud, intentionally caused damage, or any case in which the Applicable Law prohibits the limitation. In other cases, including gross negligence, the limitations apply to the extent the Applicable Law allows them.

23.6. Non-waivable protections. If the Law Applicable to the Customer grants protections that cannot be set aside by contract, the limitations will apply only to the extent that law allows, without invalidating the other provisions of these Terms.

24. Indemnification by the Customer

24.1. The Customer will defend, indemnify and hold harmless LeafProton, its partners, officers, employees and contractors against any claim, lawsuit, administrative proceeding, fine, judgment, court costs and attorneys' fees arising from:

1. Customer Content and data collected through its forms;
2. violation of these Terms, of the law or of third-party rights by the Customer or its Authorized Users;
3. communications sent by its automations;
4. processing of personal data carried out without a legal basis or without informing the data subject;
5. a dispute between the Customer and its Authorized Users, Respondents, clients or partners.

24.2. We will notify the Customer of any claim we become aware of, within a period that does not prejudice the defense, and we may, at our discretion, conduct our own defense at the Customer's expense. The Customer will not enter into any settlement that imposes an obligation, burden or admission of fault on us without our written consent.

24.3. We may withhold and set off amounts owed to the Customer against amounts owed by it under this clause.

25. Confidentiality

25.1. Each party will keep confidential the non-public information of the other to which it has access, using it only to perform this agreement, with the same care it uses for its own confidential information, and never with less than reasonable care.

25.2. The obligation does not cover information that is public, already known without a duty of confidentiality, independently developed or whose disclosure is required by law or by an authority — in which case the notified party will inform the other, when permitted.

25.3. The duty of confidentiality remains for 5 (five) years after the end of the agreement, and for as long as the information is a trade secret.

26. Changes to these Terms

26.1. We may change these Terms to keep up with changes in the Service, in the legislation or in market conditions.

26.2. Material changes — those that reduce the Customer's rights or expand its obligations — will be notified 30 (thirty) days in advance, by the Account's email or by a notice in the Service, and may require new acceptance.

26.3. Using the Service after the new version takes effect means agreement. Whoever does not agree must close the Account before it takes effect, with a pro rata refund of the amount paid for the unused period.

26.4. Adjustments that do not reduce rights (correction of clerical errors, clarification of wording, update of contact channels) take effect upon publication.

26.5. Previous versions are archived and may be requested through the channels in clause 32.

27. Communications and notices

27.1. The email registered in the Account is the official communication channel. It is up to the Customer to keep it valid, monitored and able to receive our messages.

27.2. Formal notices must be sent to legal@leafproton.com, with a request for acknowledgment of receipt. They are deemed delivered on the first business day following sending, unless returned due to delivery failure.

27.3. Communications sent to the Account's email are deemed received on the business day following sending, unless returned due to delivery failure.

28. Assignment, succession and subcontracting

28.1. The Customer may not assign or transfer this agreement without our written consent.

28.2. We may assign this agreement, in whole or in part, to a company of the same group or as a result of a corporate reorganization, merger, acquisition or sale of assets, upon notice to the Customer.

28.3. We may subcontract third parties to provide the Service, remaining responsible to the Customer within the limits of these Terms. The list of vendors that process personal data is published at leafproton.com/en/legal/subprocessors/.

29. Relationship between the parties

29.1. These Terms do not create an employment, corporate, consortium, representation, agency or franchise relationship between the parties.

29.2. Each party is responsible for its own employees, contractors, charges and taxes.

30. Force majeure

30.1. Neither party is liable for non-performance resulting from acts of God or force majeure, including: widespread failure of the internet, of power or of cloud infrastructure; large-scale cyberattacks; acts of authority; war; calamity; general strike; and prolonged unavailability of an essential vendor with no equivalent alternative on the market.

30.2. If the event lasts more than 30 (thirty) days, either party may terminate at no cost, with a pro rata refund of the amounts paid and not used.

31. General provisions

31.1. Severability. The invalidity of one provision does not affect the others; the invalid clause will be replaced by a valid one that comes as close as possible to the original intention, preserving the agreed limitation of liability to the greatest extent possible.

31.2. Tolerance. Failing to demand compliance with any provision is mere tolerance and does not imply waiver, novation or amendment of the agreement.

31.3. Entire agreement. These Terms and their annexes are the entire agreement between the parties on their subject matter, superseding prior understandings, verbal proposals and marketing materials.

31.4. Headings. Clause headings serve only to organize reading.

31.5. Languages. This document may be published in several languages. The official version is the one published in Portuguese, at leafproton.com/pt/legal/termos/; the others are courtesy translations and, in case of divergence of interpretation, the official version prevails.

31.6. Integrity. The parties declare that they comply with the applicable anti-corruption rules, including those with extraterritorial reach, and that they will not offer any undue advantage to a public or private agent in connection with this agreement.

32. Contact

• Support and general matters: support@leafproton.com
• Formal notices and contractual matters: legal@leafproton.com
• Content reports: abuse@leafproton.com
• Privacy and personal data: privacy@leafproton.com

Annex I — Processing of personal data (Customer as controller, LeafProton as processor)

This Annex forms part of the Terms of Service and governs the processing of personal data that we carry out on behalf of and under the instructions of the Customer. Where there is a conflict with the body of the Terms regarding personal data, this Annex prevails — except as to the limitation of liability in clause 23, which also applies in full to the obligations of this Annex.

The terms "controller", "processor", "data subject", "personal data", "processing" and "incident" have the meaning given to them by the data protection legislation applicable to the processing in question.

A1. Roles

A2. Subject matter, duration and nature

• Subject matter: provision of the Service described in the Terms.
• Duration: while the agreement is in force, plus the periods in clause 18.4.
• Nature and purpose: collection, storage, organization, consultation, transmission, processing by automations and by AI Features, and deletion — all performed according to the configuration made by the Customer.
• Types of data and data subjects: defined exclusively by the Customer, when building its forms and flows. We do not determine, suggest or validate which data will be collected.

A3. Our obligations

1. Process the data only in accordance with the Customer's documented instructions — documented instructions meaning the configuration made in the Service itself, these Terms and formal requests sent through the official channels.
2. Comply with a legal requirement or an order from a competent authority, informing the Customer when permitted.
3. Maintain technical and administrative security measures compatible with the state of the art, the risk and the nature of the data, described in the Privacy Policy.
4. Bind to confidentiality anyone who, under our responsibility, has access to the data.
5. Notify the Customer, without undue delay after confirming the incident, of any security incident that results in relevant risk to data subjects, with the information we have available. Notification to data subjects and authorities is the Customer's obligation, as controller. Our notification does not imply an admission of fault, liability or defect.
6. Assist the Customer, to a reasonable extent and with the technical resources available in the Service, in handling requests from data subjects and authorities.
7. Delete or anonymize the data at the end of the processing, as provided in clause 18.4, except where the law requires or authorizes its retention.

A4. Customer's obligations

1. Have and document a legal basis for each processing it carries out through the Service.
2. Inform data subjects, through its own privacy notice, about the processing carried out — including the use of LeafProton as processor.
3. Handle its data subjects' rights requests, including those forwarded to us.
4. Not enter sensitive data or data of restricted categories in breach of clause 10.2.
5. Correctly configure access, permissions, retention and publication of forms.
6. Instruct us only lawfully: we are not obliged to follow an instruction that violates the applicable data protection legislation, and we will inform the Customer of it.

A5. Subprocessors

A5.1. The Customer generally authorizes the engagement of the subprocessors published at leafproton.com/en/legal/subprocessors/, necessary for providing the Service (cloud infrastructure, file storage, email sending, anti-bot protection, identity provider and AI model vendors).

A5.2. Changes to the list will be published on that page, and communicated to the Account's email, 30 (thirty) days in advance. A Customer who objects, for a justified data protection reason, may terminate at no cost before the change takes effect — that is the only consequence of the objection, and it does not prevent the replacement of the vendor.

A5.3. We require from subprocessors data protection obligations compatible with those of this Annex.

A6. International transfer

Part of the processing takes place outside the Customer's country and outside the country where the Service is operated, as indicated in the vendor list (clause A5.1). These transfers rely on the mechanisms admitted by the applicable legislation — in particular standard contractual clauses, adequacy decisions or the necessity of performing the agreement. The Customer acknowledges and agrees to these transfers as a condition for using the Service.

A7. Audit

A7.1. We will respond to reasonable requests for information about the security measures adopted, in writing, limited to 1 (one) request per year, subject to confidentiality.

A7.2. On-site or third-party audits are only admitted if provided for in a specific signed agreement, with 30 (thirty) days' notice, during business hours, without access to other customers' data, and at the Customer's expense.

A7.3. Requests that exceed what is provided for may be handled for remuneration per technical hour, agreed in advance.

A8. Liability

A8.1. Each party is liable to the extent of its actions and of the role it plays in the processing, with no presumed joint liability.

A8.2. The liability arising from this Annex is included in the single aggregate cap of clause 23.3 of the Terms, and is not added to it.

A8.3. The Customer will indemnify LeafProton for sanctions, judgments and costs arising from processing carried out without a legal basis, without informing the data subject, or in violation of this Annex.