This SaaS and all of its content (the “Services”) are the exclusive property of M&C LTDA., registered under CNPJ no. 68.716.930/0001-80, headquartered in the City of Campinas, State of São Paulo, at Rua Dr. Antônio Álvares Lobo, no. 660, Room 64, Postal Code 13020-110.
Attention. By using our services, you declare that you are aware of and agree, unrestrictedly, irrevocably and irreversibly, to the entire 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 listed here.
1. Changes to these Terms or to the Services
We may update the Terms of Use from time to time, at our sole discretion. If we do, we will inform the user by publishing the updated Terms on the website and/or we may also send other communications. It is important that the user reviews the Terms whenever we update them. If the user continues to use the Services after the updated Terms are published, this means that 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 evolve 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 may use the Services
User and/or Financially Responsible Party: the individual or legal entity who adheres to these general terms and conditions, duly identified through the information provided to the payment platform, and who purchased the services through the WEBSITE, thereby acknowledging and accepting these Terms of Use as a Contract entered into electronically.
The User, when an individual, may only use the Services if they are 18 years of age or older, 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. Otherwise, we may have to suspend or cancel your account. To protect your account, keep your 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 reactions, 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 the payment of a fee for the use of the Services (or certain parts of them) 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 ask you to provide additional information relevant to your Subscription, including your credit card number, your credit card expiration date, and your e-mail addresses and invoicing address ("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 start 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 reais.
(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 beginning of your Subscription and, thereafter, every year, at the then-current Subscription fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE OUTCOPY.AI TO INITIATE NON-REFUNDABLE RECURRING PAYMENTS, AS SET OUT 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. No less than thirty (30) days and no 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 it is cancelled by the user or until we terminate your access to or use of the Services or the Subscription in accordance with these Terms.
(c) Cancellation of your Subscription. In accordance with article 49 of the Brazilian Consumer Protection Code, when the contract is entered into outside the business premises, in the case of digital purchases, the USER may, within 7 (seven) calendar days from enrollment, exercise the right of withdrawal, provided that:
I. The guarantee for withdrawal without cause provided for in this instrument is not in addition to the legal one.
II. To cancel the “SaaS” within the withdrawal period, the user must do so through the official contact channel available on the SUPPLIER's WEBSITE.
III. The refund of the amount(s) paid in case of cancellation will occur within a maximum of 30 (thirty) business days, counted from the date of the formal request, when the SUPPLIER becomes aware that cancellation was requested.
IV. Merely not using the “SaaS” does not constitute withdrawal, nor does it exempt the user from paying the installments, given the availability of the service and the 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. However, if something unexpected happens while a transaction is being completed, 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 us for that transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will take effect at the end of the then-current Subscription period. EXCEPT AS SET OUT ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION, THE USER WILL NOT RECEIVE ANY REFUND OF ANY PART OF THE SUBSCRIPTION FEE PAID FOR THE SUBSCRIPTION PERIOD THEN IN EFFECT 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 then terminate without further charges.
(e) After any termination, discontinuation or cancellation of the Services or of your account, the clauses that do not refer to the use itself are ratified and must be complied with.
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 license, with the right to sublicense, to use, host, store, copy, communicate, modify, create derivative works based on, 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 of your User Content. The user represents and warrants that they have all the rights necessary to grant us the license rights over 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 third-party intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) Removal of User Content. The user may 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 that case, you may request its removal by e-mail 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, to use, copy, modify, sell, create derivative works based on, distribute, publicly display and publicly perform the Generated Content for your lawful business purposes.
(f) Ownership of Intellectual Property. We may make available through the Services content that is subject to intellectual property rights, including Generated Content. We and our licensors (as applicable) retain all rights to that content. All content made available for the “SaaS”, whether in writing, audiovisual or in any other media, is the exclusive property of the SUPPLIER and is protected by national and international intellectual property law, and its reproduction, transmission, disclosure, storage and display, in whole or in part, free of charge or for a fee, to third parties who are not parties to this instrument, is prohibited.
6. Rules of Use
(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 way 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 consistent with the mission and Charter of OpenAI, which is hereby incorporated by reference, as determined by OpenAI at its sole discretion;
In a way 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 without attempting to circumvent, any rate limits or other restrictions that may be established from time to time 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 OpenAI's API Usage Guidelines. M&C and OpenAI may request information from you about 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 any 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 would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, 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 of the Services (except for Generated Content, as permitted under this Agreement);
II. Create any software that functions substantially in 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 the 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 rights notice, that appears on or is 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, the M&C 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, tamper with 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 measure;
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, crawlers, data mining tools or the like) 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 from M&C, its licensors, and the software, models or systems of its affiliates.
XIV. Send any unsolicited or unauthorized advertising, promotional material, e-mail, junk mail, spam, chain letters or other form of solicitation;
XV. Use any meta tags or other hidden text or metadata using 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 any third party 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 e-mail or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
XVIII. Decipher, decompile, 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 (for example, store, share, 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 obliged 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, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obliged, to remove or disable access to any content, including User Content, at any time and without prior notice, including, but not limited to, if, at our sole discretion, we consider that these Terms have been violated. We have the right to investigate violations of these Terms or conduct that affects 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 Brazilian Copyright Law (Law No. 9,610/1998) and its users must also undertake to do so. It is M&C's policy to terminate the accounts of holders who repeatedly infringe the rights of copyright holders.
08. Personal Data Protection
The SUPPLIER, or whoever it designates, will process personal data in accordance with Law No. 13,709/2018 (Brazilian General Data Protection Law – LGPD), and the USER likewise undertakes to do so when processing third-party data.
09. Third-Party Resources
The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services contained in or available from those resources or links displayed on such websites. The user acknowledges sole responsibility for and assumes all risks arising from their use of any third-party resources.
10. Limitation of Liability
(a) In view of the characteristics inherent to the environment and intrinsic to the use of the internet and electronic equipment, the SUPPLIER is not responsible for any problems it has not caused, such as, but not limited to, those arising from internet access providers, nor for the lack of electricity supply to your access provider's system, failures in the internet access transmission or routing system, incompatibility of user systems, technical failure of any kind, inadequacy of equipment, malfunction of any network, hardware or software, or inability to use platforms and resources that may be indicated by the SUPPLIER to the USER, that is, any action by third parties that prevents access to the Services, as well as problems arising from acts of God 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, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF 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 HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
11. Indemnification
The user will indemnify and hold harmless M&C, its licensors, its affiliates, and each of their employees, officers, directors, representatives and agents, from and against any and all 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 connected with (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 infringement, misappropriation or violation of the copy. AI's, its licensors', or any third party's intellectual property rights or proprietary rights.
12. General Provisions
The USER declares that they have previously read these terms of use, the privacy notice and the intellectual property terms.
The USER is civilly and criminally liable for the accuracy of the data entered in the Purchase Request, and for the statements, information and documents they provide, and for any consequences arising from them.
The USER will be responsible for compensating material damages, lost profits, loss of opportunity and moral damages that they negligently or intentionally cause to the SUPPLIER and/or third parties.
Services performed by third parties that are 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 amendment of what was agreed in this instrument, and the party that feels harmed may claim its right at any time.
If any of the clauses of this contract is judicially deemed null or voidable, such clause will be disregarded from the contract, and all the others will remain valid and in full force and effect.
The SUPPLIER is not responsible for any problems arising from the interruption of the internet access provider services contracted by the USER, nor for the interruption of services in the event of a lack of electricity supply to the system of your access provider, failures in the internet access transmission or routing system, incompatibility of the user's systems with the access provider, any action by third parties that prevents the provision of the services, problems arising from acts of God or force majeure, and also by determination arising from an administrative or judicial decision.
Assignment. The Parties' participation in this agreement may not be assigned to third parties without the prior and express consent of the other Party. Any assignment or transfer of participation without the prior written approval of the other Party will be null and void.
Modifications. Any provision of this instrument may be amended through an update of the terms by the SUPPLIER.
Tolerance. Tolerance by either Party regarding the other Party's non-compliance with any obligation established in this instrument will be considered mere liberality, and will not imply novation of the terms of this Contract or a waiver, by either Party, of its right to require the other Party to fulfill its obligations.
Nullity or unenforceability of clauses. If any of the clauses of this instrument is declared null or unenforceable, the validity or enforceability of the other clauses will not be affected, unless the effects of such nullity reach the entire instrument, and it may be replaced by an equivalent one, provided that this is expressly agreed in writing by all Parties.
13. Jurisdiction
The courts of the SUPPLIER's district are hereby elected to settle any dispute to be resolved in court.