TERMS OF USE AND CONDITIONS OF EBOTMAKER.AI

These Terms of Use and Conditions ("Terms") govern access to and use of the Ebotmaker.ai platform (the "Service"), provided by [Legal Company Name, if known, or simply Ebotmaker.ai]. By using the Service, you agree to comply with and be bound by these Terms.

It is essential that you read these Terms carefully, as they define your rights and responsibilities, especially regarding the use of Artificial Intelligence (AI) for creating customer service agents and virtual assistants. If you do not agree with the terms described in this document, you are not authorized to use or access this Service.

1. The Ebotmaker.ai Service

Ebotmaker.ai is a platform that uses Artificial Intelligence technology to allow users to create, train and implement AI agents, virtual assistants or personalized chatbots ("AI Agents") based on data, documents and content provided by the user themselves ("User Content").

2. Terms of Use and Eligibility

2.1. Eligibility:

You declare that you have the legal age in your place of residence and the legal capacity to enter into a binding contract. If you are using the Service on behalf of an organization, you guarantee that you have authority to bind that organization to our Terms of Service and are agreeing to the terms on its behalf.

2.2. Acceptable Use and Prohibitions:

You agree to use the Service exclusively for lawful purposes and in a manner that does not infringe the rights of third parties, nor restrict or inhibit the use and enjoyment of the Service by any other person.

Prohibited activities include, but are not limited to:

• Malicious or Illegal Content: Providing User Content (training data) or using created AI Agents for fraudulent, harmful, illegal, defamatory, obscene, offensive purposes, or that promote hatred, discrimination or violence.
• Harmful Actions: Attempting to access, interfere with or compromise security systems, spread viruses, or perform any form of spam or denial of service attacks.
• Rights Violation: Using the Service or AI Agents to violate copyrights, trademarks, patents or any other intellectual property rights of third parties.
• Deception: Creating AI Agents with the purpose of impersonating, deceiving or falsely representing the origin or authority of a person or entity.
• Sensitive/Confidential Data: Feeding or training the AI Agent with confidential or sensitive data (including, but not limited to health, financial or third-party PII data without appropriate consent) whose protection exceeds the standard security capabilities of the platform.

3. AI Agent Responsibility and AI Limitations (Hallucinations)

3.1. User Responsibility:

The User is solely responsible for the creation, training, implementation (deployment) and use of their AI Agents. This includes responsibility for:

• The quality, legality, accuracy and adequacy of the User Content provided for training.
• The content of all interactions and responses generated by AI Agents on any channel (web widget, WhatsApp, API, etc.).
• Ensuring that AI Agents comply with any applicable laws, regulations or contractual obligations, including privacy and data protection laws (LGPD, GDPR, etc.) in the territories where the Agent is used.

3.2. Risk of Inaccuracy and "Hallucinations":

The User acknowledges and accepts that Artificial Intelligence technology, while powerful, is inherently fallible and may occasionally generate incorrect, inaccurate, irrelevant or factually invented responses ("hallucinations").

• Ebotmaker.ai does not guarantee the accuracy, integrity or reliability of responses generated by any AI Agent created on the platform.
• The User must implement supervision, moderation or human verification mechanisms to ensure that critical information provided by the AI Agent is correct before being communicated to third parties.
• Ebotmaker.ai disclaims any liability for losses, damages, harm or consequences (financial, legal or reputational) arising from inaccuracy or hallucination of the AI Agent created and used by the User.

4. User Content and Intellectual Property

4.1. User Content:

All User Content (documents, knowledge bases, text entries, upload data) provided to train your AI Agents belongs to the User.

4.2. License:

By providing User Content, you grant Ebotmaker.ai a limited, non-exclusive, worldwide, royalty-free and sublicensable license to use, host, store, reproduce, modify and create derivative works from that content strictly for the purposes of operating, maintaining, improving and providing the Service and AI Agents created by the User. Ebotmaker.ai does not use User Content individually to train general-purpose generative AI models or to make the content available to other users.

4.3. Service Ownership:

The Ebotmaker.ai platform, including the source code, underlying AI technology, software design and all its constituent elements, are the exclusive property of Ebotmaker.ai and protected by intellectual property laws.

5. Registration and Account

5.1. Account Creation:

To access certain Service features, you must create an account. When registering, you agree to provide true, accurate, current and complete information as requested by the registration form, and to keep this information updated.

5.2. Account Security:

You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to immediately notify Ebotmaker.ai of any unauthorized use of your account or any other security breach.

6. Billing, Plans and Credits

6.1. Plans and Subscriptions:

Access to the Service may require payment of periodic subscription fees or purchase of credits for the creation and/or maintenance of AI Agents. Pricing details, plans and credit mechanics (if applicable) will be defined on the Ebotmaker.ai pricing page and are an integral part of these Terms.

6.2. Refund Policy:

No refunds will be provided once you have used any part of the services included in the plan or credits purchased, such as training or implementing an AI Agent, or consuming interactions with the AI Agent. According to Article 49 of the Brazilian Consumer Defense Code, the consumer may have the right to exercise regret and request a full refund within 7 (seven) days from the purchase date, provided there has been no effective use of the Service (i.e., if the Service has been used, the refund will not be eligible).

7. Limitation of Liability and Warranty Disclaimer

7.1. Warranty Disclaimer:

The Service is provided "as is" and "as available", without warranties of any kind, express or implied. Ebotmaker.ai disclaims, to the maximum extent permitted by law, all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title and non-infringement.

7.2. Limitation of Liability:

In no event shall Ebotmaker.ai, its directors, employees or agents be liable for any direct, indirect, incidental, special, consequential or punitive damages, including lost profits, data loss or business interruption, resulting from: (i) the use or inability to use the Service; (ii) any conduct or content of third parties on the Service; (iii) any User Content; or (iv) inaccuracy or hallucination of the AI Agent, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if Ebotmaker.ai has been informed of the possibility of such damages.

8. General Provisions and Forum

8.1. Completeness:

These Terms constitute the entire agreement between you and Ebotmaker.ai regarding the use of the Service.

8.2. Applicable Law and Jurisdiction:

These Terms will be governed and interpreted in accordance with the laws of Brazil. Any dispute related to these Terms will be resolved exclusively in courts located in Brazil, to the exclusion of any other, no matter how privileged.

8.3. Invalidity:

If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.