AI GATEWAY ERA LTDA, a limited liability company, registered in CNPJ under no. 49.587.881/0001-88, headquartered in the City of São José dos Campos, State of São Paulo, at Av. Alfredo Ignácio Nogueira Penido, 335, room 706, Parque Residential Aquarius, ZIP Code 12246-000,is the legal entity of private right responsible for the platform (“Platform”), hereafter referred to as Zaia (“Zaia”).
Through these Terms and General Conditions of Use (“Terms”), Zaia presents to users (“Users” or “User”) the essential conditions for using the services offered on the Platform.
By using the Platform or the services offered by Zaia, Users accept and submit to the conditions of these Terms of Use.
CHAPTER I – GENERAL CONDITIONS
1. General Provisions
1.1. The Zaia platform is a “No Code” Platform for creating autonomous Artificial Intelligence (“AI”) agents by Users.
1.2. The licensing of the Platform will be done through adherence to these Terms, at which point the User's access credentials to the Platform will be generated.
1.4. When registering on the Platform, the User may use the services available for the selected plan, declaring, therefore, that they have read, understood, and accepted the Terms.
1.5. The fact that Zaia does not exercise or enforce any right or provision of these Terms does not constitute a waiver of the future application of that right or clause. The waiver of any right or clause will only be effective if made in writing and signed by a duly authorized representative of Zaia.
2.Civil Capacity for Registration on the Platform
2.1.In case of a User underage or civilly incapacitated, registration on the Platform will only be allowed with the express consent of parents or legal guardians. Zaia may request proof of responsibility by sending documents that prove the identity and status of the guardians. Consent will be stored according to the LGPD and used only for the purpose of authorizing access to the Platform by the minor or incapacitated person, through a link provided on the Platform or through the support channel: hi@zaia.app .
2.2.By accessing, using, or creating an account on Zaia, the User ensures that they are able to personally exercise acts of civil life and that they are aware of the legal sanctions provided for in the Civil Code.
3.Registration
3.1.Registration will be carried out directly on the Platform, through the filling of personal data requested by Zaia.
3.1.1. By providing your personal data for registration on the Platform, the User may optionally consent to receive marketing information and communications from Zaia. This consent will be collected in a specific and highlighted manner, allowing the User to choose whether or not to receive such communications, as provided in the General Data Protection Law (LGPD). If they wish to revoke this consent, the User may do so at any time through the settings of their account or by contacting support.
3.2.By creating an account on Zaia, the User is responsible and agrees to provide only true, accurate, and authentic information and to keep it updated while using the Platform. Users guarantee and respond, in any case, civilly and/or criminally, for the truthfulness, accuracy, and authenticity of the personal data registered, even if the correct data was provided during training.
3.3.Zaia reserves the right to use all valid and possible means to identify its Users, as well as to request additional data and documents that it deems relevant in order to verify the submitted personal data.
3.4.The User agrees to notify Zaia immediately, through the contact channels maintained by Zaia on the Platform, regarding any suspicion or finding of unauthorized use of their account. The User will be solely responsible for operations carried out on their account, as access will only be possible through the use of a verification system that is exclusive to their account, sharing their credentials with third parties is prohibited.
3.6.Under no circumstances will the assignment, sale, rental, or any other form of transfer of the account be allowed. The creation of new registrations by individuals whose original registrations have been canceled due to violations of Zaia's policies or Brazilian legislation will also not be allowed. Similarly, the sale, rental, or transfer of query credits is not permitted, nor is the User authorized to negotiate query credits with Professionals to obtain undue benefits or advantages. It should be mentioned that at the same time, such provision should not be interpreted as a so-called "Workspace," which means the number of people/users on the client's team who will have access to Zaia's solution.
3.7.The User can add more people involved in the same team, referred to as a Workspace. However, Zaia reserves the right to monitor the activities of users when necessary, and in cases of violation of these terms of use, may disable and delete the registration without prior communication to the User.
4.Plan Types
4.1.The User can use the Platform through six modalities of plans: (i) Acceleration, (ii) Growth, (iii) Scale Up and (iv) Whitelabel, (v) Extra Credits and (vi) Chairs with the right to additional access.
4.2.Contracting any modality of plan offered by Zaia is a choice of the User.
4.3.Contracting any modality of plan occurs through (i) acceptance of these Terms and (ii) payment of the monthly or annual fixed amount described on the Platform at the time of contracting.
4.4.The functionalities of each plan are available for consultation by the User on the Platform and/or on zaia.app, which may be modified at any time by Zaia, with or without prior notice or the sending of an informative email to Users.
4.5.The User is entitled to cancel the plan at any time, under the following conditions:
4.6.In the event that the User has contracted a plan with monthly recurrence, if the cancellation request occurs after the period of 7 (seven) days from the date of adhesion, there will be no refund and the plan will remain active until the end of its term.
4.7.In the event that the User has contracted a paid account with annual recurrence, if the cancellation request occurs after the period of 7 (seven) days from the date of adhesion, there will be no refund and the plan will remain active until the end of its term.
4.8.Zaia will issue the corresponding Invoice in the month of the plan acquisition and send it to the User via email, emphasizing that there may be failures in sending, and that in this case the Invoice can be requested directly.
4.9.The annual plan has automatic renewal stopping to be charged/billed only after the cancellation request by the User.
4.10.Zaia reserves the right to change the prices of the plans at its sole discretion, without the need for prior notice.
4.11.Zaia reserves the right to modify the Payment System used by the Platform, at its sole discretion, without prior notice to the User.
4.12.Through these Terms, the User declares to be aware and agrees to provide their personal data to Zaia.
4.13.The User declares to be aware that, at any time, they may revoke this consent, opt for anonymization, blocking, correction, or deletion of unnecessary, excessive data or data treated in non-compliance with the General Data Protection Law, provided that by contacting Zaia's support described in the Privacy Policy.
5.Exemptions and limitations of liability of Zaia
5.1.Zaia respects and complies with all applicable laws and regulations related to its activities. By using the Platform, the User declares to be aware, understand, and agree that they are exclusively and fully responsible for complying with all laws, rules, regulations, and legal and tax obligations that may apply to their use.
5.2.Zaia reserves the right to verify and monitor the information and content provided by Users, directly or through qualified suppliers or third parties, to ensure the quality of the services provided and compliance with these Terms or to comply with applicable law or an order from any competent authority. These checks include, but are not limited to: (i) verifying the accuracy, authenticity, and timeliness of personal identification information; (ii) verifying academic, professional, criminal, credit, online reputation, or any other information that may assist Zaia in assessing the ability or likelihood of Users honoring the commitments made to Zaia and other Users; (iii) contacting professional or personal references provided or not by the User; and (iv) ceasing, viewing, and monitoring any content posted or transmitted by the User through the Platform. The User, by accepting these Terms, expressly authorizes verification to be carried out in any of the forms established above.
5.3.If Zaia is made the passive party in legal proceedings whose facts stem from actions of the User, the User will be summoned to the process and must bear all costs arising therefrom.
5.4.The Platform may contain links to other websites. This does not imply any partnership, oversight, complicity, endorsement or solidarity of Zaia with those sites, their content, products, or services. The User acknowledges and agrees that Zaia is not responsible for the availability or accuracy of such websites or resources or for the content, products, or services contained or made available through such websites or resources. The User assumes full and exclusive responsibility for all risks and any damages and/or losses arising from the use of any of those sites or their content, products or services.
5.5.Zaia is not responsible for:
(i) any defects, technical and/or operational defects (problems, bugs, and glitches) or improper functioning that occur on the devices and equipment of Users or third parties and result from regular use of the Platform;
(ii) any direct or indirect damage caused by events of third parties, such as hacker attacks, failures in the system, server or internet connection, including actions of malicious software such as viruses, Trojans and others that may damage the equipment or connection of Users as a result of accessing, using, or browsing the Platform, as well as the transfer of data, files, images, texts contained therein;
(iii) Users' navigation on external links contained in the Platform, being their duty to read any Terms of Use and Privacy Policy of the accessed portal and to act according to it;
(iv) checking, controlling, approving or guaranteeing the adequacy or accuracy of the information or data provided in such links, thus not being responsible for losses, damages, or injuries resulting from visits to such sites, it is up to the interested party to verify the reliability of the information and data displayed there before making any decisions or taking any actions;
(v) the full and uninterrupted availability of the Platform, whose proper functioning depends on the access and data traffic between Users' computer terminals and the servers owned or contracted by Zaia, having no management and not being responsible for eventual failures in the traffic of this data and access to the Platform arising from failures in the global computer network or the telecommunications network and services provided by internet access providers; and
(vi) reimbursing its Users for any costs associated with phone calls, data packages, SMS, messages, emails, correspondence, or any other amounts spent by the User due to contact with Zaia or any other Users, for any reason.
5.6.Users do not have any right to demand the availability of the Platform as they see fit, nor may they seek compensation or damage repair in case the Platform remains down, regardless of the motivation.
5.7.The eventual removal, blocking or suspension of any content or functionality of the Platform due to a complaint should always be understood as a demonstration of good faith and intention to amicably resolve disputes, never as an acknowledgment of guilt or any infringement by Zaia to third-party rights.
5.8.Zaia reserves the right to assist and cooperate with any judicial authority or government body, and may send registration information of its Users.
5.9.The Platform is integrated with artificial intelligence tools with LLM providers, with the aim of ensuring the proper execution of the functionalities of the Platform. Thus, it is essential that the User consults, understands, and agrees to the terms of use and the specific privacy policy of OpenAI (https://openai.com/policies) before proceeding. It is important to highlight that the documents and data provided by the User may be stored and used by the OpenAI database. We recommend that the User regularly consult the OpenAI terms, as these documents may be updated periodically. In case of doubts or concerns, the User may contact OpenAI through the provided channels. Moreover, it is noteworthy that, as a standard, OpenAI's policy for APIs is not to use the information sent or obtained by this means to train or optimize its technology (https://openai.com/policies/api-data-usage-policies).
5.10.To use the services of the Platform, it is recommended that the User have an active account on Whatsapp. The Platform utilizes Whatsapp as a means of communication and way to enjoy the experience with its functionalities by the User. Therefore, it is essential that the User consults, understands, and agrees to the terms of use and privacy policy specific to Whatsapp (https://www.whatsapp.com/legal/business-policy?lang=pt_BR) before proceeding. Zaia is not responsible for the use of Whatsapp by the User under any circumstances, and the User will be solely responsible for communication made through the Platform. If the User does not agree with the terms of Whatsapp, it is recommended that they contact Zaia's support for guidance on possible alternatives; it may be that for the best functionality of Zaia's solution, they recommend other third-party platforms.
6.Intellectual Property
6.1.The misuse and total or partial reproduction of the following items are prohibited, except with the express authorization of Zaia: (i) the commercial use of the expression "Zaia" as a brand, business name or domain name; (ii) the contents of the screens related to the Zaia Platform; and (iii) the programs, databases, networks, files that enable the User to access the Platform and use their account are all owned by Zaia and are protected by international copyright, trademark, patent, model and industrial design laws and treaties. The misuse and total or partial reproduction of the aforementioned items are prohibited, except with the express authorization of Zaia.
6.2.All other trademarks, service marks, logos, trade names, and any other proprietary designations are trademarks or registered trademarks of their respective parties.
6.3.Provided that it complies with these Terms, Zaia grants the User a limited, non-exclusive, non-transferable license to (i) access and view any content that a User posts, transfers, publishes, presents, or transmits for availability through the Platform (“User Content”) for which the User has permission to access, solely for personal and non-commercial purposes. The User has no right to sublicense the license rights granted in this section. The User agrees not to use, copy, adapt, modify, prepare derivative works based on, distribute, license, sell, transfer, publicly display, publicly perform, transmit or exploit the Platform, Services or Content, except as expressly permitted in these Terms. The User agrees not to remove, alter, or hide any copyrights, trademarks, service marks, or other property rights incorporated or accompanying the Platform, when not related to white label by the company. No license or rights are granted by implication or under any intellectual property rights owned or controlled by Zaia or its licensors, except for the licenses and rights expressly granted in these Terms; and (ii) access and view any content that Zaia makes available through the website, including any content licensed from third parties excluding User Content (“Zaia Content”), solely for personal and non-commercial purposes.
6.4.Any interference, attempt, or activity that violates or contradicts intellectual property law and/or the prohibitions stipulated in these Terms will make the responsible party subject to the appropriate legal actions, as well as the sanctions provided herein, also remaining liable for compensation for any damages caused.
7.Prohibitions
7.1.Any attempt, direct or indirect, successful or not, to perform any of the activities listed below is prohibited. The establishment of such intent will make the author, as well as their agents, defenders, encouragers, and helpers, subject to the sanctions provided in these Terms, and the pertinent legal actions and liability to indemnify any parties affected by any damages caused.
7.2.In case of proven practice of any of the activities listed below, the User will be subject to the suspension and/or cancellation of their access to the Platform, as well as administrative and/or judicial measures may be adopted against the User.
7.3.In case of failure to comply with any of the items listed below, Zaia will not be responsible for any losses and damages that may be suffered by the parties involved.
7.4.Such activities include, but are not limited to: (i) bothering, attacking, slandering, injuring, defaming, pursuing, or harassing any other User; (ii) infringing the rights of any person or entity, including, without limitation, intellectual property rights, privacy, publicity, or contractual rights, noting that recording video or voice of the services performed is prohibited, according to the Marco Civil da Internet (Law No. 12.965/2014) and the LGPD, especially in cases of sensitive data and protection of users' privacy; (iii) copying, storing, or in any way accessing any information contained in the Platform for purposes that are not expressly authorized by these Terms; (iv) using the Platform to transmit, distribute, publish, or send any information regarding any other person or entity, including, without limitation, photographs of other people without their permission, personal contact information or credit, debit, phone card or account numbers; (v) manipulating values or any other information contained in advertisements on the Platform; (vi) using the Platform for any commercial or other purposes that are not expressly authorized by these Terms; (vii) interfering in transactions between other Users; (viii) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any part of the Platform; (ix) modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works, displaying on another webpage, using on any other website, transferring or selling any information, software, user lists, databases or other lists, products or services provided by or obtained from Zaia, including, but not limited to, practices involving “screen scraping,” “database scraping,” or any other activity aimed at obtaining user lists or other information; (x) using automated scripts to collect information or otherwise interact with the Platform; (xi) accessing, testing, altering, interfering with, or damaging the Platform or any system of Zaia, Users, or third parties through the use of viruses, cancel bots, Trojans, harmful codes, flood pings, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology; (xii) attempting to detect, scan, or test the vulnerability of any Zaia system or network or violate any security or authentication measures; (xiii) avoiding, ignoring, removing, deactivating, harming, decoding, or circumventing any technological measure implemented by Zaia or any Zaia providers or any third party (including another User) to protect the Platform; (xiv) forging any TCP/IP packet header or any part of the header information in any post, email, or newsgroup, or otherwise using the Platform to send altered, deceptive, or false identification sources; (xiv) systematically retrieving data or other content from our Platform to create or compile, directly or indirectly, in single or multiple downloads, the collection, compilation, database, directory or similar, whether by manual methods, using bots, crawlers, or spiders, or in any other way; (xvi) attempting to decipher, decompile, disassemble, or reverse engineer any software used to provide the Platform; (xvii) impersonating any person or entity, falsifying or tampering with oneself or their affiliation with any person or entity; and (xviii) attempting or succeeding in conduct configured as fraud concerning the functionalities, plans, or payment methods used by the Platform.
8.Sanctions
8.1.If any User fails to comply with any provision of these Terms or does something that harms the Platform, Zaia, or other Users, it may, at its sole discretion, at any time and without prior notice or consent: (i) suspend or permanently cancel the User's account and any access such User has to the Platform; and/or (ii) take appropriate actions to investigate and assess violations of any nature to the fullest extent of the law, which may involve or cooperate with judicial and police authorities, and the User may contest the act at any time, in accordance with the principles of broad defense and contradicted, as provided in the Consumer Defense Code.
9.Account Inactivation Policy
9.1.Zaia may terminate these Terms and proceed to inactivate User accounts at any time, without prior notice or consent, and at its sole discretion. In this case, Zaia commits to taking appropriate measures so as not to harm Users.
9.2.The User may request the inactivation of their Zaia account on the Platform itself.
9.3.In case of termination: (i) the User will remain responsible for all amounts owed to Zaia or third parties; and (ii) Zaia will verify any amounts that are legally due to the User and pay them in a timely manner.
10.Feedback and Reporting Channel
10.1Zaia provides its Users with a feedback channel for criticisms, suggestions, complaints, and other claims that the User deems appropriate, directly on its Platform at the link www.zaia.app/ or through the email hi@Zaia.ai.
10.2.When using this channel, the User must identify themselves with the relevant data (name, address, phone number, and email) and describe the situation in detail, so that Zaia can verify any appropriate measures provided in these Terms.
11.Notices
11.1.Any notices or other communications permitted or required in this document, including modifications to these Terms, will be written and delivered by Zaia (i) by posting on the Platform or (ii) via email to the address provided by the User in their account information.
11.2.Any notices or other communications directed to Zaia must also be in writing and delivered via email to the address hi@zaia.ai. The User may use Zaia's support channel, located at the link: https://www.zaia.app/support
11.3.For notices made by email or another official communication channel of the Platform, the date of receipt will be considered the date on which such notification is transmitted.
12.Privacy of Personal Data
12.1.In order to reinforce Zaia's commitment to Federal Law No. 13.709/2018 - General Law on Personal Data Protection (“LGPD”), privacy culture, and information security, this policy fulfills its formal and legal role.
12.2.Zaia applies, in compliance with the LGPD, as the recipient of personal data eventually provided by the Users of the Platform, as well as of all and any holders whose personal data may eventually be processed by Zaia and for which Zaia becomes responsible - from the respective collection - for use, storage, and respective protection.
12.3.In addition to the purposes indicated in Chapter 3 of these Terms, Zaia may also use the personal data collected from Users to comply with legal and regulatory obligations, to exercise rights, and to carry out other essential activities for Zaia's regular operation, within the scope of its corporate purpose.
12.4.All data, information, and communications collected are considered confidential by us and will not be provided to third parties, except for the cases provided for in these Terms. To develop and improve the Platform, we may contract third-party service providers to perform certain business operations on behalf of Zaia.
12.6.Zaia grants its respective users the possibility to exercise the rights provided for in the LGPD
12.6.1.For more information on the processing of personal data, access the Privacy Notice, available on our website, and in case of doubts or exercise of the rights indicated above, contact us via the email dpo@bonuz.it.
13.General Provisions
13.1.The declaration of nullity of any provision of these Terms does not invalidate any of the others.
13.2.The tolerance of one party towards the other concerning non-compliance with any of the obligations assumed in these Terms constitutes mere liberality, not being considered a novation or waiver of any right, not preventing the tolerant party from demanding the faithful compliance of the other at any time.
13.3.These Terms are governed and interpreted in accordance with Brazilian laws.
13.4.Zaia may change the provisions of the Terms and respective related policies at any time, making them available on its website.
13.5.Exceptionally, these Terms will be considered extinguished:
•Due to force majeure or fortuitous event preventing the execution of all or any contracted service definitively;
•By reason of bankruptcy confessed or decreed of Zaia or judicial recovery filed by Zaia, pursuant to Federal Law 11.101/2005; and
•At any time, with prior written notice by Zaia 30 (thirty) days in advance.
13.6.These Terms represent the total understanding between Zaia and the User regarding the matter dealt with herein, prevailing over any other prior understandings on the same subject, whether verbal or written.
13.7.If any provision of these Terms is considered, by a competent court, contrary to the law, such provisions must be applied to the maximum extent permitted, with the other provisions remaining in full force and effect.
13.8.These Terms will remain valid and in effect, without any change, interruption, or need for prior notice, in case of merger, incorporation, split-off, acquisition, or any other type of corporate operation that results in the transfer of corporate control or business of Zaia to a third entity.
13.9.To resolve any conflicts arising from the Terms and respective policies, including the Privacy Policy, the forum of the district of São Paulo, State of São Paulo, is elected.