Terms of Service

Version 1.0 -- Effective April 12, 2026

1. Definitions

For the purposes of these Terms:

• Service: the Fulgurite SaaS platform, available at fulgurite.io, for generating personalized email drafts for B2B outreach.
• User: any individual or legal entity that creates an account and uses the Service.
• Controller: the entity that makes decisions about the processing of personal data. In this relationship, the User is the Controller of the contact data they upload to the platform.
• Processor: the entity that processes personal data on behalf of the Controller. Fulgurite is the Processor, handling data solely as instructed by the User.
• Data Subject: the natural person to whom the personal data uploaded by the User refers.
• Personal Data: any information relating to an identified or identifiable natural person, as defined under Brazilian Law no. 13,709/2018 (LGPD).

2. Service Description

Fulgurite is a SaaS platform that enables Users to generate personalized outbound email drafts at scale for B2B prospecting. The Service uses Google OAuth to connect to the User's Gmail account and create drafts that the User reviews and sends manually.

3. Eligibility

To use the Service, you must:

• Be at least 18 years old (or meet the legal age of majority in your jurisdiction);
• Have full legal capacity to enter into this agreement;
• If using the Service on behalf of an organization, have the authority to bind that organization to these Terms.

4. Account and Authentication

• Access to the Service is provided exclusively via Google OAuth authentication. There is no email/password signup.
• You are responsible for the security of your Google account and all activity performed through it.
• Notify us immediately at suporte@fulgurite.io of any unauthorized access.
• You may not share login credentials or allow third parties to use your account.

5. Acceptable Use

You agree to use the Service only for lawful purposes. The following are strictly prohibited:

• Sending spam or unsolicited bulk email. All drafts created through Fulgurite must comply with applicable anti-spam laws, including LGPD, Brazil's Marco Civil da Internet, and the CAN-SPAM Act (where applicable).
• Using the Service for phishing, fraud, or deceptive practices. You may not create drafts that impersonate others or contain misleading information.
• Uploading malicious content. You may not upload contact lists or templates containing malware, scripts, or harmful code.
• Violating intellectual property rights. You may not use the Service to infringe copyrights, trademarks, or other proprietary rights.
• Harassing or abusing others. You may not use the Service to send threatening, abusive, or harassing communications.
• Circumventing security measures. You may not attempt to bypass authentication, rate limiting, or other security controls.
• Reselling or redistributing the Service without prior written consent from Fulgurite.

6. Controller and Processor Clause -- LGPD

This clause is essential to define legal responsibilities regarding the processing of third-party personal data.

7.1. The User acknowledges and expressly declares that, by uploading contact data to the platform (names, emails, job titles, companies, and any other information about third parties), they act as the Controller of such data, pursuant to art. 5, VI, of the LGPD.

7.2. Fulgurite acts exclusively as the Processor, pursuant to art. 5, VII, of the LGPD, processing the User's contact data only for the specific purpose of providing the Service and in accordance with instructions documented by the User.

7.3. The User declares, under their sole responsibility, that they hold an adequate legal basis for processing the personal data uploaded to the platform, including, as applicable: (i) free, informed, and unambiguous consent of the data subject (art. 7, I, LGPD); (ii) performance of a contract or pre-contractual procedures (art. 7, V, LGPD); (iii) legitimate interest of the Controller (art. 7, IX, LGPD); or (iv) a pre-existing commercial relationship.

7.4. The User assumes full responsibility for: - Honoring opt-out and removal requests from contacts on their lists; - Responding to Data Subjects' requests regarding the exercise of rights under art. 18 of the LGPD; - Ensuring the accuracy, currency, and lawfulness of data uploaded to the platform; - Maintaining adequate records of consent or applicable legal basis for each contact.

7.5. Fulgurite does not sell, license, or share the User's contact data with third parties, except with sub-processors strictly necessary to provide the Service (listed in the Privacy Policy).

7. Anti-Spam Policy and Legal Compliance

Fulgurite is designed for personalized, good-faith B2B prospecting. By using the Service, you acknowledge and agree that:

• You have a legitimate business reason to contact each recipient;
• Your contact lists consist of individuals with whom you have or seek a genuine business relationship;
• All emails comply with applicable laws, including providing an opt-out mechanism;
• You will promptly honor unsubscribe requests.

Violation of this policy may result in immediate account suspension or termination.

8. Intellectual Property

• Fulgurite IP: The Service, including its design, features, code, and documentation, is the exclusive property of Fulgurite and is protected by applicable intellectual property laws.
• User Content: You retain ownership of the content you create, upload, or generate through the Service (templates, contact lists, drafts).
• License to Processor: You grant Fulgurite a limited, non-exclusive, non-transferable license to process your content solely for the purpose of providing the Service.

9. Google API Compliance

Fulgurite's use of Google APIs complies with the Google API Services User Data Policy, including the Limited Use requirements. See our Privacy Policy for details.

10. Service Availability

• Fulgurite strives to maintain high availability but does not guarantee uninterrupted access.
• We may perform scheduled maintenance with reasonable advance notice.
• We reserve the right to modify, suspend, or discontinue the Service at any time.

11. Account Suspension and Termination

We may suspend or terminate your account if:

• You violate these Terms or our Acceptable Use policy;
• You engage in activity harmful to other users or the Service;
• Your account has been inactive for an extended period;
• Required by law or regulatory order.

You may terminate your account at any time by contacting us. Upon termination, your data will be handled as described in our Privacy Policy.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied.
• Fulgurite does not warrant that the Service will be error-free, secure, or uninterrupted.
• Fulgurite is not responsible for the content of emails you draft, send, or receive.
• Google/Gmail Account: Fulgurite is not responsible for any suspension, restriction, ban, or any other action taken by Google against the User's Google or Gmail account, including, without limitation, actions resulting from violation of Google's Terms of Service, excessive Gmail API usage, email sending volume, spam complaints from recipients, or any other Google policy. The User is solely responsible for using their Google account in compliance with Google's policies and terms.
• In no event shall Fulgurite be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
• Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or R$ 500.00, whichever is greater.

13. Indemnification

You agree to indemnify and hold harmless Fulgurite, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Service;
• Your violation of these Terms;
• Your violation of any applicable law;
• Content you create or distribute using the Service.

14. Dispute Resolution

• Governing Law: These Terms are governed by the laws of the Federative Republic of Brazil.
• Jurisdiction (Users in Brazil): Consumer Users in Brazil may bring disputes before the courts of their domicile. For non-consumer Users (legal entities) in Brazil, the courts of Sao Paulo, State of Sao Paulo, Brazil, shall have exclusive jurisdiction.
• Arbitration (Users outside Brazil): For Users residing outside Brazil, any dispute shall be resolved by binding arbitration conducted remotely in English under the rules of the American Arbitration Association (AAA). Proceedings shall be entirely remote (written submissions or videoconference) and any award shall be enforceable under the New York Convention (1958). Either party may seek emergency injunctive relief from any court of competent jurisdiction.
• Amicable Resolution: The parties commit to seeking an amicable resolution by email (suporte@fulgurite.io) for at least 30 days before initiating arbitration or legal proceedings.

15. CAN-SPAM Compliance (US Users)

The Service is designed for good-faith commercial prospecting. By using the Service, Users in the United States agree that:

• Every prospecting email generated through the platform includes clear sender identification and a non-deceptive subject line;
• Every email includes a functional opt-out mechanism honored within 10 business days, as required by the CAN-SPAM Act (15 U.S.C. § 7704);
• The sender's physical address or P.O. box is included in each outbound message;
• Fulgurite is not responsible for the content of emails that the User drafts, sends, or distributes -- the User is solely responsible for CAN-SPAM compliance.

16. California Privacy Rights (CCPA/CPRA)

If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA):

• Right to Know: you may request information about the personal data we collect, our purposes for processing it, and the third parties with whom we share it.
• Right to Delete: you may request deletion of your personal data, subject to legal exceptions.
• Right to Correct: you may request correction of inaccurate personal data.
• Right to Opt-Out of Sale: Fulgurite does not sell or share Users' personal data for third-party commercial purposes.
• Right to Non-Discrimination: we will not discriminate against Users who exercise their privacy rights.

To exercise any of these rights, contact: suporte@fulgurite.io. We will respond within 45 calendar days.

17. Modifications to These Terms

Fulgurite may update these Terms periodically. When material changes occur:

• The version will be incremented in this document's frontmatter;
• On the next session, all Users will be redirected to a blocking re-acceptance screen;
• Continued use of the Service after acceptance implies agreement with the updated Terms.

18. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Fulgurite regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Fulgurite's failure to enforce any right shall not constitute a waiver of that right.

19. Contracting Parties

This agreement is entered into between:

Fulgurite, registered under CNPJ no. 65.961.687/0001-77, with registered address in Sao Paulo, State of Sao Paulo, Brazil ("Fulgurite", "we", "our", or "us"), operator of the Service described below; and

You (or "User"), the individual or legal entity accessing or using the Service.

20. Contact

For questions about these Terms:

Email: suporte@fulgurite.io