Nobotz.ai | Terms of Use

Introduction
1. This Terms of Use ("Terms") establishes the terms and conditions governing access and use of the NoBotz platform ("Platform"), including all its services, tools, features, and content ("Services").
2. NoBotz is an artificial intelligence platform developed by Nextage ("Nextage", "we", "our", or "ours").
3. By accessing, using, or browsing the Platform, you ("you", "user", or "client") agree to be bound by these Terms. If you do not agree with these Terms, you may not access or use the Platform.
Definitions
1. Platform: Means the NoBotz online software service, including all its services, tools, features, and content.
2. Services: Means all the services, tools, features, and content made available by NoBotz.
3. Content: Means any information, data, texts, graphics, images, sounds, videos, software, applications, machine code, and other materials you may access or use through the Platform.
4. User: Means anyone who accesses or uses the Platform.
5. SaaS: Software as a Service, consisting of a technology solution offered as a closed solution as made available, and may be provided and changed according to the convenience, resources, and opportunity of NoBotz, without constituting a contractual violation or loss of its object.
Access and Use of the Platform
1. The Platform is available to people of all ages. By registering or using the Platform, you represent and warrant that you have the legal capacity to accept these Terms of Use.
  1. If NoBotz, at its sole discretion, determines that the use of the Platform is not in compliance with applicable legal requirements, the account may be suspended or terminated, and access to the Platform may be blocked.
2. You are solely responsible for maintaining the confidentiality of your access credentials, including your password.
3. You agree not to use the Platform for illegal or unauthorized purposes.
4. You agree not to interfere or attempt to interfere with the functioning of the Platform.
5. You agree not to violate the security of the Platform.
6. You agree not to use the Platform to transmit viruses or other malicious codes, alter or infer how any platform functionality is rendered or displayed.
7. You agree not to use the Platform to collect personal information from other users.
8. You agree not to use the Platform for any purposes not expressly authorized by these Terms, without prior authorization from NoBotz.
9. You will not have access to the data used by other NoBotz client companies, nor will other clients access your data, as the systems are not connected to one another, each being the object of specific work for each client.
10. You are responsible for any activity that occurs through your account and agree not to sell, transfer, license, or assign your account, data, username and password, or any account rights. You also represent that all information provided at the time of registration and at any other time is true, accurate, current, and complete, and you agree to update it as needed.
Content
1. You are solely responsible for all content you publish or transmit through the Platform.
2. You warrant that you have all necessary rights to the content you publish or transmit through the Platform.
3. You agree not to publish or transmit any Content that is illegal, defamatory, obscene, threatening, abusive, discriminatory, racist, hateful, infringing copyright, or violates third-party privacy.
4. NoBotz may remove or edit any content deemed inappropriate or that violates these Terms at its sole discretion.
5. Your requests and/or suggestions for software improvements are merely informative and do not constitute an obligation for NoBotz to implement and/or develop them. NoBotz may implement them in new versions if deemed feasible, without generating any right to compensation for you.
Intellectual Property
1. The Platform and all Content contained therein are owned by NoBotz or its licensors and are protected by copyright and other intellectual property laws.
2. You may not reproduce, distribute, modify, create derivative works, commercialize, or exploit the Platform or any content contained therein without the prior written authorization of NoBotz.
3. The name and logo of NoBotz are registered trademarks and should not be copied, imitated, or used, in whole or in part, without the prior written authorization of NoBotz.
4. NoBotz may develop new tools and features for the platform, which may be free or paid. If they are paid, their value is not included in the value of this Contract, and you must contract and pay for them separately if you choose to use them.
Disclaimer of Liability
1. The Platform is provided "as is" and "as available," without any warranty of any kind, express or implied.
  1. Although NoBotz aims for the Service to be as available as possible, there may be times when the Service may be interrupted, whether for scheduled maintenance or updates, emergency repairs, or due to telecommunications link failures.
  2. Furthermore, NoBotz reserves the right to remove any Content from the Service for any reason, without prior notice. Therefore, it will have no obligation to you in connection with any modification, suspension, or discontinuance of the Services, or the loss of any Content.
  3. You also acknowledge that the Internet may be subject to security failures and that the transmission of Content or other information may not be secure.
2. NoBotz is not liable for any damages or losses, including, but not limited to direct, indirect, punitive, incidental, special, or consequential damages arising from decisions or actions made by the user based on the information provided by the Platform, being solely the responsibility of the user to assess the accuracy, completeness, and usefulness of such information from accessing or using the Platform.
3. You will be responsible for any content added to the system by agents and/or your collaborators on the NoBotz platform, being subject to civil and criminal liability in case of rights violations of others.
4. No advice or information, whether oral or written, obtained by the user from NoBotz or through the Platform, will create any warranty not expressly stated in these Terms of Use.
Limitation of Liability
1. NoBotz will not be liable for any direct, indirect, incidental, special, or consequential damages arising from access or use of the Platform, even if advised of the possibility of such damages.
2. You agree that, if you suffer any damage, loss, or harm resulting from NoBotz's actions or omissions, the damages caused to you, if any, are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product, resources, or other content owned or controlled by NoBotz, and you will have no rights to impose or prevent the development, production, distribution, advertisement, display or exploitation of any website, property, product, service, or other content owned or controlled by NoBotz.
3. You agree that despite all security efforts that NoBotz commits to maintaining, it is technically impossible to guarantee data impenetrability. Unfortunately, no internet transmission can be guaranteed to be completely secure. You are clearly aware that third parties can gain unauthorized access, copy, and delete sensitive files since this protection also depends on your conduct and internal security policy. NoBotz cannot secure the security of information you transmit to and from NoBotz's servers, therefore, you agree to use the services contemplated here at your own risk.
4. This contract does not, under any circumstances, create any type of Society, Association, Agency, Consortium, Mandate of Representation, or Joint Responsibility among the Parties.
Privacy of Information
1. The Parties commit to acting within this Contract in compliance with the current legislation on Personal Data Protection and the determinations of regulatory agencies on the matter, in particular, Law nº 13.709/2018 - General Personal Data Protection Law (LGPD).
2. You are characterized as CONTROLLER, being responsible for decisions involving personal data processing; and NoBotz is configured as OPERATOR, being responsible for processing personal data on behalf of the CONTROLLER.
3. NoBotz commits to maintaining appropriate administrative, physical, and technical defenses to protect the security and confidentiality of your data. We undertake not to disclose your data, except as required by law, or if you expressly authorize in writing. We will only access your data to provide support services or resolve service or technical issues.
Information Used for Training
1. NoBotz may use information and data collected during the use of the Platform for the purposes of training and improving its artificial intelligence models and algorithms. These data may include, but are not limited to, interactions, preferences, and usage patterns.
  1. The collection and use of this information are carried out in accordance with NoBotz's Privacy and Data Protection Policy, which details how data is handled and protected.
2. The collected data may be used to train, tune, and enhance the accuracy and effectiveness of NoBotz's artificial intelligence algorithms, including improving services, personalizing user experiences, and developing new features.
3. NoBotz may use aggregated and anonymized information for statistical analysis and to create insights that help optimize the Platform and Services offered.
4. NoBotz will retain the information used for training only for as long as necessary to fulfill the purposes described above and as required by applicable laws.
  1. After the retention period, the data will be deleted according to security and privacy practices.
Termination
1. NoBotz may terminate these Terms at any time, for any reason, without prior notice.
2. You may terminate these Terms at any time by ceasing to use the Platform.
3. Upon termination of these Terms, you must stop using the Platform.
4. Upon termination, all rights granted to you in these Terms of Use will immediately cease.
Payments and Cancellation
1. The use of certain Platform Services may be subject to fees and payments, as detailed at the time of contracting or in the Service description.
  1. Service prices and any additional fees will be clearly and transparently informed before completing your purchase or subscription. NoBotz reserves the right to change prices and fees, provided prior notice is given to affected users.
  2. Payments should be made according to the values and conditions specified in the company's commercial proposal and the software as a service (SaaS) service agreement.
  3. All payments are processed through secure payment platforms. NoBotz does not store sensitive payment information, such as credit card numbers, and uses security measures to protect payment information.
2. NoBotz may offer packages that include discounts for early payment of monthly fees. However, offering this discount in a certain period does not obligate NoBotz always to provide this benefit.
3. You may cancel your subscription or use of the Services at any time by following the cancellation/termination process described in the Commercial Proposal. The cancellation will take effect from the end of the current billing period, and you will not be charged for the next period. However, the amounts paid for platform implementation are non-refundable, even in the event of cancellation.
4. NoBotz reserves the right to cancel your subscription or access to the Services at any time, with or without cause, and without prior notice. In the event of cancellation by NoBotz, you will be notified by email, and, where applicable, a pro-rata refund will be issued, as described in the refund policy.
5. If payment is not made within the stipulated time frame, NoBotz reserves the right to suspend access to the Services until the pending issue is resolved, and may also permanently delete all user data and information.
6. For certain Services or promotional offers, there may be specific payment and cancellation policies that will be informed at the time of contracting or through direct communication with you.
7. Contracted plans will be automatically renewed for the same period unless an express indication to the contrary is made by the user. Upon automatic renewal, after a period of 12 (twelve) months from the initial contract date, prices may be monetarily adjusted by the positive accrued variation of the IGP-M over the last 12 months or 10%, whichever is higher. If the IGP-M is discontinued, the official index that comes to replace it will be applied, or, if non-existent, another monthly variation index that most effectively offsets the inflationary effects of the national currency.
  1. Regardless of the updates provided in clause 11.7 above, if there is a significant increase in the prices of professionals or infrastructure used for executing this contract, or due to any other relevant factor (economic, fiscal, regulatory, among others), duly justified by NoBotz, which cannot be absorbed by NoBotz without affecting the economic-financial balance of the contract, the Parties should meet to discuss an adjustment of the contracted prices.
Applicable Law and Jurisdiction
1. NoBotz assumes no responsibility or risk if for any reason the terms described herein violate the national laws of other countries. This responsibility falls on those who access this service from these territories.
2. All items of this Terms of Use are governed by the laws in force in the Federative Republic of Brazil. For all matters concerning its interpretation and compliance, the parties will submit exclusively to the Central Court of the Metropolitan Region of Curitiba/PR, waiving any other, however privileged it may be.
Amendments to the Terms of Use
1. NoBotz may change these Terms at any time by publishing the updated version on the Platform.
2. You are responsible for periodically checking these Terms for any changes.
3. Continued use of the Platform after any changes to these Terms are posted constitutes your acceptance of the changes.
Contact
1. If you have any questions about these Terms, contact NoBotz through the following email address: contact@nobotz.com.br.
Waiver
1. The failure of NoBotz to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
Severability
1. If any provision of these Terms is found to be invalid or unenforceable, such provision will be severed from these Terms, and the remaining provisions will remain in full force.
Entire Agreement
1. These Terms constitute the entire agreement between you and NoBotz with respect to the subject matter of these Terms and supersede all prior or contemporaneous communications and proposals, whether written or oral.

Last updated: 10/01/2024.

Declaration of Agreement

I declare that I have read and agree with all the terms and conditions set forth.