This SaaS and all of its content (the “Services”) are the exclusive property of M&C SOFTWARE LTDA., registered under CNPJ no. 57.181.168/0001-68, with headquarters located at Rua Carlos Roberto de Melo, 475, 5th floor, Metropolitan Office Condominium, suite 503, Parque Gabriel, Hortolândia - SP.
Attention. By using our services, you declare that you are aware of and agree, in an unrestricted, irrevocable, and irredeemable manner, to the full content of this digital contract (TERMS OF USE) and our policies.
If you disagree with any part of these terms, you must not access this website or purchase any product or service related hereto.
1. Changes to these Terms or the Services
We may update the Terms of Use from time to time at our sole discretion. If we do so, we will inform the user by posting the updated Terms on the website and/or we may also send other communications. It is important for the user to review the Terms whenever we update them. If the user continues to use the Services after the updated Terms are posted, it means they accept and agree to the changes. If the user does not agree to be bound by the changes, they may not continue to use the Services. As our Services are evolving over time, we may change or discontinue all or any part of the Services at any time and without prior notice, at our sole discretion.
2. Who can use the Services
User and/or Financial Guardian, adhering to these general terms and conditions, duly identified through the information provided to the payment platform, being the natural or legal person who purchased the services through the WEBSITE, whereby they recognize and accept these Terms of Use as an electronic contract.
The User, when a natural person, may only use the Services if they are 18 years of age or older and are capable of forming a binding contract with M&C, and are not barred from using the Services under applicable law.
For certain features of the Services, you will need an account. It is important that the user provides us with accurate, complete, and current account information and keeps this information up to date. If they fail to do so, we may have to suspend or cancel their account. To protect your account, keep account details and password confidential, and notify us immediately of any unauthorized use. The user is responsible for all activities that occur under their account.
3. Feedback
We welcome feedback, comments, ideas, proposals, and suggestions for improvements to the Services. If you choose to send comments, the user agrees that we are free to use them without any restriction or compensation to you.
4. Subscriptions
M&C requires payment of a fee for the use of the Services (or certain parts thereof), and the user agrees to pay such fees.
(a) General. By purchasing a subscription to the Services ("Subscription"), you expressly authorize us (or our third-party payment processor) to charge you for that Subscription. We may request that you provide additional information relevant to your Subscription, including your credit card number, your credit card expiration date, and your email and billing addresses ("Payment Information"). The user represents and warrants that they have the legal right to use all payment methods represented by any such Payment Information. When you initiate a Subscription, you authorize us to provide your Payment Information to third parties so that we can complete the transaction related to your Subscription and charge your payment method for the type of Subscription you selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Subscription (such information is included in the definition of Payment Information). By starting a Subscription, the user agrees to the pricing, payment, and billing policies applicable to such fees and charges as posted or otherwise communicated to them. All Subscription payments are non-refundable and non-transferable, except as expressly provided in these Terms. All applicable fees and taxes, if any, are payable in Brazilian Real.
(b) Subscriptions. If you purchase a Subscription, you will be charged the annual Subscription fee, plus any applicable fees and other charges ("Subscription Fee"), at the start of your Subscription and annually thereafter at the then-current Subscription rate. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE OUTCOPY.AI TO INITIATE NON-REFUNDABLE RECURRING PAYMENTS, AS INDICATED BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you every year on the anniversary of the start of your Subscription using the Payment Information you provided until you cancel your Subscription. Not less than thirty (30) days and not more than sixty (60) days before the end of your Subscription term, or in accordance with applicable law, M&C will send you a reminder with the then-current Subscription fee. By agreeing to these Terms and choosing to purchase a Subscription, the user acknowledges that their Subscription has recurring payment features and accepts responsibility for all recurring payment obligations prior to the cancellation of their Subscription by them or by M&C. Your Subscription continues until canceled by the user or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
(c) Cancellation of your Subscription. In accordance with the terms of Article 49 of the Consumer Defense Code, when the contract is executed outside the commercial establishment, in the case of digital purchases, the USER may, within 7 (seven) calendar days from enrollment, exercise the right of withdrawal, observing that:
I. The guarantee for unmotivated withdrawal provided in this instrument is not complementary to the legal one.
II. For cancellation of the “SaaS” within the withdrawal period, the user must proceed through the official contact method available on the PROVIDER'S WEBSITE.
III. The refund of the amount(s) paid in case of cancellation will occur within a maximum of 30 (thirty) business days, with the start date being computed from the date of the formal request and the PROVIDER'S acknowledgment that the cancellation was requested.
IV. Mere non-use of the “SaaS” does not characterize withdrawal nor does it exempt the payment of installments, given the availability of the service and guaranteed access.
(d) AFTER THE 7-DAY PERIOD, YOUR PURCHASE IS FINAL AND YOU MAY NOT CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens during the completion of a transaction, we reserve the right to cancel your transaction for any reason; if we cancel your transaction, we will refund any payment you have already sent to us for such transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE REGARDING YOUR INITIAL SUBSCRIPTION, THE USER WILL NOT RECEIVE ANY REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE SUBSCRIPTION PERIOD THEN IN PROGRESS AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred during the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then-current Subscription period and will terminate without further charges.
(e) After any termination, discontinuation, or cancellation of the Services or your account, the clauses that do not refer to the actual use are ratified and must be fulfilled.
5. Content
(a) Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio, and video. Anything (other than Feedback) that the user posts or makes available through the Services is referred to as "User Content". M&C does not claim any ownership rights over any User Content.
(b) Permissions for your User Content. By making any User Content available through the Services, the user grants M&C, its licensors, and its affiliates a non-exclusive, transferable, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license, with the right to sublicense, use, host, store, copy, communicate, modify, create derivative works based upon, distribute, publish, publicly display, and publicly perform your User Content in connection with M&C, its licensors, and its affiliates providing, operating, securing, and improving their services.
(c) Your responsibility for User Content. You are solely responsible for all your User Content. The user represents and warrants that they have all necessary rights to grant us the license rights to their User Content under these Terms. The user represents and warrants that neither their User Content, nor their use and provision of their User Content to be made available through the Services, nor any use of their User Content by M&C on or through the Services, will infringe, misappropriate, or violate the intellectual property rights of third parties, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) Removal of User Content. The user can remove their User Content by specifically deleting it. The user should be aware that in certain cases, part of their User Content (such as posts or comments made by the user) may not be completely removed and copies of their User Content may continue to exist on the Services; in this case, they may request removal from us via email at email@marciorosa.com
(e) Use of User-Generated Content. Subject to compliance with these Terms, M&C grants you a non-exclusive, worldwide license, with the right to sublicense, use, copy, modify, sell, create derivative works based upon, distribute, publicly display, and publicly perform the Generated Content for your lawful commercial purposes.
(f) Ownership of Intellectual Property. We may make available through the Services content subject to intellectual property rights, including Generated Content. We and our licensors (as applicable) retain all rights to such content. All content made available for the “SaaS”, whether in writing, audiovisual, or through any other media, is the exclusive property of the PROVIDER and protected by national and international intellectual property legislation, and reproduction, transmission, disclosure, storage, and display in whole or in part, whether free or for a fee, to third parties who are not parties to this instrument is prohibited.
6. Usage Rules
(a) The user agrees that they will use the Services:
Only in a lawful manner and in compliance with all applicable laws;
In accordance with the Terms, the license granted in Section 7(e), and any documentation, usage guidelines, parameters, and other requirements provided by M&C or its licensors, as they may be modified by M&C or its licensors from time to time;
In a manner that does not infringe, misappropriate, or otherwise violate any of the rights of M&C or its licensors or those of any other person or entity;
With respect to Generated Content, in a manner that is consistent with the OpenAI Mission and Charter, which is incorporated herein by reference, as determined by OpenAI in its sole discretion;
In a manner that does not violate these Terms, any agreement between the user and any other person, or our rights or those of third parties; and
In compliance with, and will not attempt to circumvent, any call rate limits or other restrictions that may be established periodically by OutCopy.ai or its licensors.
The user further agrees to make reasonable efforts to reduce the likelihood, severity, and scale of any social harm caused by their use of the Services (including the use and sharing of Generated Content), following the OpenAI API Usage Guidelines. M&C and OpenAI may request information from you regarding your efforts to reduce safety risks, and the user agrees to provide such information. Such information may be used to assess compliance with these Terms, as well as to inform improvements to the Services (including any components thereof).
(b) The user agrees not to do any of the following:
I. Post, upload, publish, submit, or transmit any User Content that: (i) infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, intolerance, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances; distribute, sell, lend, transfer, or grant any rights in or to any or all Services (except for Generated Content as permitted under this Agreement);
II. Create any software that functions substantially the same way as the Services (including any component thereof) and offer it to third parties;
III. Modify, alter, tamper with, repair, or otherwise create derivative works (except as permitted by Section 7(e)) of the Services, or attempt to do so;
IV. Use the Services in connection with any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly authorized by users;
V. Use the Services to discover any underlying components of the models, algorithms, and systems of M&C or its licensors;
VI. Remove, obscure, or alter any notice, including any intellectual property right notice appearing or contained in the Services (including any component thereof);
VII. Interfere or attempt to interfere in any way with the functionality or proper operation of the Services (including any component thereof);
VIII. Use, display, mirror, or frame the Services or any individual element within the Services, M&C's name, any M&C trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without M&C's express written consent;
IX. Access, alter, or use non-public areas of the Services, M&C's computer systems, or the technical delivery systems of M&C's providers;
X. Attempt to probe, scan, or test the vulnerability of any M&C system or network, or breach any security or authentication measures;
XI. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by M&C or any of M&C's providers or any other third party (including another user) to protect the Services;
XII. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device, or mechanism (including spiders, robots, data extraction tools, or similar) other than the software and/or search agents provided by M&C;
XIII. Use web scraping, web harvesting, or web data extraction methods to extract data from the Services (including Generated Content, if any), or M&C, its licensors, and the software, models, or systems of its affiliates.
XIV. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation;
XV. Use any meta tags or other hidden text or metadata utilizing an M&C trademark, logo, URL, or product name without M&C's express written consent;
XVI. Use the Services, or any part thereof, for any commercial purpose or for the benefit of third parties or in any manner not permitted by these Terms;
XVII. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
XVIII. Decipher, disassemble, reverse assemble, reverse compile, translate, or reverse engineer any component or software used to provide the Services, discover the source code of any component of the Services, or attempt to do any of the foregoing;
XIX. Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
XX. Process (e.g., store, share, store etc.) any personal data of other users of the Services without their express authorization;
XXI. Impersonate or misrepresent your affiliation with any person or entity;
XXII. Use the Services in a way that causes harm to society;
XXIII. Use the Services in a way that violates any applicable law or regulation;
XXIV. Encourage or enable any other individual to do any of the foregoing.
(c) M&C is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, ensuring compliance with these Terms, and complying with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if, in our sole discretion, we consider there to have been a violation of these Terms. We have the right to investigate violations of these Terms or conduct affecting the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
07. Copyright
M&C respects the Copyright Law (Law No. 9.610/1998) and its users must also commit to doing so. It is M&C's policy to cancel the accounts of holders who repeatedly infringe the rights of copyright holders.
08. Protection of Personal Data
The PROVIDER or its designee will perform the processing of personal data in compliance with Law No. 13.709/2018 (General Data Protection Law – LGPD), just as the USER commits to doing so when processing third-party data.
09. Third-Party Resources
The Services may allow you access to websites or other third-party resources. We provide access only as a convenience and are not responsible for the content, products, or services contained or available in those resources or links shown on such websites. The user acknowledges sole responsibility and assumes all risks arising from their use of any third-party resources.
10. Limitation of Liability
(a) Given the inherent characteristics of the environment and intrinsic to the use of the internet and electronic equipment, the PROVIDER is not responsible for any problems it did not cause, such as, but not limited to, those resulting from internet access providers, nor for the lack of power supply for the access provider's system, failures in the transmission or routing system of internet access, incompatibility of user systems, technical failure of any kind, inadequacy of equipment, malfunction of any network, hardware or software, or impossibility of using platforms and resources eventually indicated by the PROVIDER to the USER—that is, any third-party action that prevents access to the Services, as well as problems arising from fortuitous events or force majeure.
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS SERVICE PROVIDERS AND LICENSORS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE USE OR INABILITY TO USE THE SERVICES, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT M&C OR ITS LICENSORS OR SERVICE PROVIDERS WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
11. Indemnification
The user will indemnify and hold M&C, its licensors, its affiliates, and each of its employees, directors, officers, representatives, and agents harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way related to (a) your access to or use of the Services, (b) your User Content, (c) your violation of these Terms, or (d) your actual or alleged violation, misappropriation, or infringement of the intellectual property rights or proprietary rights of AI's, its licensors, or any third party.
12. General Provisions
The USER declares to have previously read these terms of use, privacy notice, and intellectual property terms.
The USER is civilly and criminally responsible for the truthfulness of the data entered in the Purchase Application, declarations, information, and documents provided and for the consequences arising therefrom.
The USER will be responsible for the compensation of material damages, lost profits, loss of opportunity, and moral damages that they culpably or intentionally cause to the PROVIDER and/or third parties.
Services performed by third parties not covered by this contract must be contracted and paid for directly by the USER.
The tolerance of the parties does not imply a waiver, forgiveness, novation, or alteration of what was agreed in this instrument; the party that feels aggrieved may demand its right at any time.
If any clause of this contract is considered null or voidable judicially, such clause will be disregarded from the contract, with all others remaining valid and in full force and effect.
The PROVIDER is not responsible for any problems arising from the interruption of internet access provider services contracted by the USER, nor for the interruption of services in case of lack of power supply for the access provider's system, failures in the transmission or routing system of internet access, incompatibility of user systems with the access provider, any action by third parties that prevents the provision of services, problems arising from fortuitous events or force majeure, and also by determination originating from an administrative or judicial decision.
Assignment. The participation of the Parties in this adjustment may not be...