Terms of Use

1. Object and Acceptance

2. Definitions

1. User: individual or legal entity that accesses and uses the Platform.
2. User Content: information, texts, images, videos, data and other materials sent, uploaded or shared by the User.
3. AI-Generated Content: materials produced by the Platform through artificial intelligence models, based on parameters provided by the User.
4. Integration Partners: third-party systems, including LMS, with which the Platform connects.

3. Registration and Account

1. Use of the Platform requires prior registration and account creation.
2. The User is responsible for providing truthful, complete and updated information.
3. The User is responsible for keeping and confidentiality of their access credentials.
4. Creation of accounts by minors without legal supervision and express authorization is prohibited.

4. Use License

1. The Platform is licensed, not sold, to the User.
2. The User is granted a non-exclusive, non-transferable, revocable and limited license to use the Platform exclusively for internal training and learning purposes.
3. It is prohibited to:
4. Copy, modify, sublicense, sell, rent or commercially exploit the Platform or its content, except as expressly authorized.
5. Perform reverse engineering, decompile or attempt to extract source code.

5. Knowledge Base Upload

1. The User is fully responsible for the legality and lawfulness of the uploaded content.
2. It is prohibited to insert materials that:
3. violate copyright, trademarks or other intellectual property rights;
4. contain sensitive personal data without proper legal basis (according to LGPD);
5. include confidential information from third parties without authorization.
6. By sending User Content, the User grants the Platform a non-exclusive license to store, process and make the content available for the purposes of the contracted service.

6. AI Content Generation

1. AI-Generated Content is automatically produced from prompts, parameters and databases provided by the User and also based on Platform suggestions.
2. The User is responsible for reviewing, adapting and final use of AI-Generated Content.
3. The Platform does not guarantee:
4. accuracy, completeness or currency of generated content;
5. freedom from factual errors or biases.
6. It is prohibited to use AI-Generated Content to:
7. disseminate misinformation;
8. violate third-party intellectual property rights;
9. illegal or discriminatory purposes.
10. AI-Generated Content is provided "as is" and may contain inaccuracies, omissions or biases. The User is exclusively responsible for reviewing, validating and adapting the Content before using it for commercial, educational or disclosure purposes. Use of AI-Generated Content to train other artificial intelligence models, develop competing products or for any illicit, unethical purposes or that infringe third-party rights is prohibited.
11. EVOUS maintains full ownership and intellectual property rights over artificial intelligence models, algorithms, architectures and other technologies that make up the Platform.
12. The User does not acquire any rights over such models or over the internal functioning of the technology, obtaining only a non-exclusive, non-transferable and indefinite license to use the generated content ("outputs") that they have reviewed and adapted for legitimate purposes, in accordance with these Terms.
13. The User is prohibited from using AI-Generated Content to train other artificial intelligence models, develop competing products or perform reverse engineering of EVOUS models.

7. LMS and Third-Party Services Integration

1. The Platform may integrate with LMS systems and other third-party services.
2. Use of these services is subject to the respective terms and privacy policies of third parties.
3. The Platform is not responsible for failures, unavailability or damages arising from third-party services.

8. Insights and Analysis

1. The Platform may generate insights and recommendations based on usage and performance data.
2. These insights are advisory and do not replace human analysis or User strategic decisions.

9. Intellectual Property

1. All intellectual property rights over the Platform, its code, layout, trademarks, logos and other elements belong exclusively to EVOUS or its licensors.
2. User Content remains owned by the User, except to the extent of the use license granted for Platform operation.
3. The User declares to have all necessary rights over the uploaded Content.

10. Data Protection and Privacy

1. Personal data processing by the Platform is governed by its Privacy Policy, prepared in accordance with the General Data Protection Law (Law No. 13.709/2018 - LGPD).
2. The User is responsible for ensuring that inserted personal data has adequate legal basis.
3. The Platform adopts technical and administrative measures to protect against unauthorized access, leaks and security incidents.

11. Warranties, Limitations and Disclaimer

1. The Platform is provided "as is", without warranties of any kind, express or implied.
2. EVOUS is not responsible for:
3. misuse of the Platform or AI-Generated Content;
4. damages arising from internet failures, external integrations or temporary unavailability;
5. decisions made exclusively based on insights provided by the Platform.
6. fortuitous cases and force majeure.

12. Suspension and Termination

1. EVOUS may suspend or terminate User access in case of:
2. violation of these Terms;
3. court order or request from competent authority;
4. fraudulent or abusive use of the Platform.
5. termination, for any reason, of the software licensing contract that enables this relationship.
6. The User undertakes to use the Platform only for lawful purposes and in accordance with these Terms. It is expressly prohibited to:
7. Use the Platform for fraudulent, illegal purposes or that violate third-party rights;
8. Insert, store or transmit content that violates copyright, trademarks, trade secrets or other intellectual property;
9. Perform reverse engineering, decompile, disassemble or attempt to extract the Platform's source code;
10. Overload the Platform infrastructure through robots, spiders or other unauthorized automated processes;
11. Use AI-Generated Content to create competing products or services.
12. The User agrees to indemnify, defend and hold harmless EVOUS, its affiliates and employees from any claims, losses, damages, liabilities, costs and expenses (including attorney fees) arising from violation of these Terms, misuse of the Platform or infringement of third-party rights.
13. In cases where serious violation is correctable, EVOUS will formally communicate the occurrence to the User and the company, in the terms and channels provided for in the applicable contract.
14. From the sending of the communication, the User's account will remain suspended for up to 5 calendar days, during which the company must adopt the necessary measures to remedy the irregularity.
15. If there is no correction within the indicated period, access to the Platform will be permanently terminated, and such termination may imply, including, immediate termination of the Software Licensing Contract that enables this relationship, without prejudice to other applicable legal measures.

13. Terms Changes

1. These Terms may be updated periodically.
2. Relevant changes will be communicated with reasonable advance notice.
3. Continued use of the Platform after changes implies agreement with the new version.

14. General Provisions

1. The nullity of any clause will not prejudice the validity of the others.
2. These Terms constitute the complete agreement between the parties regarding Platform use.
3. Provisions relating to intellectual property, limitation of liability, indemnification, confidentiality and data protection will remain in effect even after termination or rescission of these Terms.

15. Forum and Applicable Law

1. These Terms are governed by the laws of the Federative Republic of Brazil.
2. The forum of the District of Florianópolis/SC is elected, with waiver of any other, however privileged it may be.