Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Secretly Organize mobile application, website and related services (collectively, the "Service").

The Service is operated by SECRET INTERMEDIACAO DE SERVICOS E NEGOCIOS LTDA, registered in Brazil under CNPJ 62.946.119/0001-09 ("Secretly", "we", "us" or "our").

By creating an account or using the Service, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Service.

1. What Secretly is

Secretly is a personal business-management and productivity tool for independent professionals. The Service allows users to organize information such as clients, appointments, appointment history, income, expenses, tips, earnings goals, business metrics, tags and notes.

Secretly is a private organization tool. Secretly does not:

• connect professionals with potential clients;
• operate a marketplace for professional services;
• advertise or promote the user's services to third parties;
• negotiate appointments on behalf of users;
• process payments between users and their clients;
• guarantee business results, revenue or profitability.

You remain solely responsible for the professional services you offer, the clients you choose to work with and compliance with laws applicable to your activities.

2. Eligibility

By using Secretly, you represent that:

• you are legally capable of entering into these Terms;
• the information you provide about yourself is accurate;
• your use of Secretly complies with applicable law.

3. Your account

You are responsible for maintaining the confidentiality and security of your account credentials. You are responsible for activity performed through your account except where unauthorized activity results from a failure for which Secretly is legally responsible.

You must notify us promptly if you reasonably suspect unauthorized access to your account. You may not:

• share your personal login credentials with unauthorized people;
• attempt to access another user's account;
• circumvent account-security controls;
• create accounts through fraudulent or deceptive means.

4. Your content

You retain any rights you have in information and content that you enter into Secretly, which may include client records, appointments, financial entries, tags, notes, uploaded images and other business information.

You grant Secretly a limited, non-exclusive right to host, store, transmit, reproduce and otherwise process that information only to the extent necessary to operate, secure and provide the Service. This permission ends when the information is deleted, subject to reasonable backup retention and legal-retention requirements described in the Privacy Policy.

Secretly does not acquire ownership of your business records by storing them.

5. Client and third-party information

You are responsible for any information about other people that you enter into the Service. You represent and agree that:

• you will collect and use third-party personal information lawfully;
• you will only record information reasonably necessary for a legitimate purpose;
• you have an appropriate legal basis for processing the information;
• you will comply with applicable privacy and data-protection laws;
• you will respond to requests from data subjects when legally required.

Where Secretly processes client records solely according to your instructions in order to provide the Service, Secretly acts as a processor of that information.

6. Sensitive third-party information

Secretly is not designed to function as a repository of sensitive personal information about third parties. Unless Secretly expressly provides a feature designed for such processing, you must not use free-form notes, tags or other fields to store sensitive personal data about clients or other third parties, including information concerning:

• health or medical conditions;
• sexual life or sexual orientation;
• race or ethnic origin;
• religious beliefs;
• political opinions;
• trade-union membership;
• genetic data;
• biometric identification data;
• other specially protected categories of personal information.

You should record only the minimum information reasonably necessary for managing your legitimate business activities.

7. Acceptable use

You may not use Secretly:

• for unlawful activities;
• to store unlawful content;
• to violate the rights of another person;
• to harass, threaten, stalk or harm another person;
• to impersonate another person;
• to gain unauthorized access to systems or information;
• to distribute malware or malicious code;
• to interfere with the security or normal operation of the Service;
• to scrape or extract information through unauthorized automated means;
• to reverse engineer the Service except where applicable law expressly permits it;
• to resell or sublicense access to the Service without our written permission.

We may take reasonable action to protect users, infrastructure and third parties from misuse.

8. Lawful professional activity

Secretly is a general business-management tool. You are solely responsible for determining whether your professional activities are lawful in the jurisdiction in which you operate.

Secretly's availability does not constitute approval, authorization or legal advice concerning any activity carried out by a user. You may not use the Service to facilitate activity prohibited by applicable law.

9. Paid features and subscriptions

Secretly may offer paid subscriptions or other paid features. Before a purchase, the applicable price, billing period and included features will be displayed to you.

If you purchase an auto-renewable subscription through the Apple App Store:

• payment is processed by Apple;
• your Apple Account will be charged according to the terms shown when you purchase;
• the subscription may renew automatically unless canceled through your Apple subscription settings;
• Apple handles the payment method and applicable App Store billing processes;
• refund requests relating to App Store transactions are handled according to Apple's applicable rules and consumer law.

Secretly does not receive your complete payment-card information from Apple.

Deleting your Secretly account does not necessarily cancel an active subscription billed through Apple. You must manage or cancel the subscription through the applicable App Store subscription controls.

Nothing in this section limits rights provided by mandatory consumer-protection law.

10. Free trials and promotions

If we offer a free trial, promotional period or discounted subscription:

• the applicable conditions will be displayed before activation;
• eligibility may be limited;
• the offer may convert into a paid subscription if this is clearly disclosed before activation;
• cancellation rules will be presented before the user commits to payment.

11. Third-party services

Certain functions of Secretly depend on third-party infrastructure or platform providers, including AWS and Apple. Your use of those features may also be subject to terms and policies imposed by those providers.

We are not responsible for independent third-party products or services outside our control, except to the extent responsibility cannot legally be excluded.

12. Availability of the Service

We work to keep Secretly available, secure and reliable, but we do not guarantee uninterrupted or error-free operation. The Service may occasionally become unavailable because of maintenance, infrastructure failures, security incidents, third-party outages, software updates or events outside our reasonable control.

We may modify, improve, add or remove features over time. If a material change adversely affects a paid Service, we will comply with applicable contractual and consumer-protection obligations.

13. Intellectual property

Except for content provided by users, Secretly and its associated software, source code, interfaces, visual design, trademarks, logos, databases, documentation and original content are owned by or licensed to Secretly and protected by applicable intellectual-property laws.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable and revocable right to use Secretly for its intended purposes. These Terms do not transfer ownership of Secretly's intellectual property to you.

14. Feedback

If you voluntarily provide suggestions or feedback about Secretly, you allow us to use that feedback to improve the Service without an obligation to compensate you. This does not give Secretly ownership of your personal data or business records.

15. Metrics and informational content

Secretly calculates dashboards, earnings summaries, statistics, goals and other information based primarily on the data entered by users. The accuracy of those results therefore depends on the accuracy and completeness of the information entered.

Secretly does not guarantee that metrics or summaries will be complete or suitable for any particular financial or business decision.

16. No professional advice

Secretly is a business-organization tool. Information displayed through the Service is not accounting, tax, financial, investment or legal advice. You should consult an appropriately qualified professional when professional advice is required.

17. Disclaimer

To the extent permitted by applicable law, the Service is provided on an "as available" basis. We do not guarantee:

• that Secretly will always be uninterrupted;
• that every error will be corrected immediately;
• any specific increase in revenue;
• any specific business result;
• that use of the Service alone will satisfy every legal, accounting or tax obligation applicable to you.

Nothing in these Terms excludes warranties or protections that cannot legally be excluded under applicable consumer law.

18. Limitation of liability

To the maximum extent permitted by applicable law, Secretly will not be liable for indirect, incidental, special or consequential damages resulting solely from use of or inability to use the Service. This may include indirect loss of profits, opportunities, business information or anticipated revenue.

However, nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law, including liability that may arise from fraud, intentional misconduct or other circumstances in which liability cannot lawfully be limited.

19. User responsibility for business decisions

Secretly may make information easier to organize or compare, but you remain responsible for all decisions made regarding appointments, clients, pricing, expenses, professional activities and business relationships. Secretly does not make those decisions on your behalf.

20. Suspension and termination

You may stop using Secretly at any time. You may delete your account through the Settings section of the application.

We may suspend or terminate access where reasonably necessary because of serious or repeated violations of these Terms, unlawful use, security threats, fraud, attempts to compromise our systems or legal requirements.

Where appropriate and legally required, we will provide notice before termination. Deletion and retention of personal data following account termination are governed by the Privacy Policy.

21. Changes to these Terms

We may update these Terms to reflect changes to Secretly, new features, changes in applicable law, security requirements or operational changes.

When we update the Terms, we will change the "Last updated" date. For material changes, we will provide appropriate notice through the app, email or another reasonable method. Where applicable law requires renewed consent or acceptance, we will request it.

22. Additional terms for the Apple App Store

If you obtained the app from the Apple App Store, the following additional terms apply:

• Acknowledgement. These Terms are an agreement between you and Secretly only, not with Apple Inc. ("Apple"). Secretly, not Apple, is solely responsible for the app and its content.
• Scope of license. The license granted to you is a limited, non-transferable license to use the app on any Apple-branded products that you own or control, as permitted by the usage rules set out in the App Store Terms of Service, except that the app may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing where available.
• Maintenance and support. Secretly is solely responsible for providing any maintenance and support for the app. Apple has no obligation to furnish any maintenance and support services for it.
• Warranty. Secretly is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the app to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any) to you; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app.
• Product claims. Secretly, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your possession and use of it, including: (i) product liability claims; (ii) any claim that the app fails to conform to applicable legal or regulatory requirements; and (iii) claims arising under consumer protection, privacy or similar legislation.
• Intellectual property claims. In the event of any third-party claim that the app or your possession and use of it infringes that third party's intellectual property rights, Secretly, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of such claim.
• Legal compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-party terms. You must comply with any applicable third-party terms of agreement when using the app (for example, your wireless data service agreement).
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

23. Governing law and consumer rights

These Terms are governed by the laws of Brazil. Nothing in these Terms removes or restricts mandatory rights granted by applicable consumer, privacy or other laws.

Any dispute will be submitted to the courts having jurisdiction under applicable law, including mandatory rules concerning a consumer's place of residence where applicable.

24. Contact

Secretly Organize is operated by:

SECRET INTERMEDIACAO DE SERVICOS E NEGOCIOS LTDA CNPJ: 62.946.119/0001-09 Brazil

Questions regarding the Service or these Terms may be sent to support@secretly.com.br.

Website: secretly.com.br