Terms of Use

1. What AIVERYN is and who operates it

AIVERYN (“AI Business Automation”) is an operational automation platform with artificial intelligence for service businesses. It helps receive contacts from different channels, organize them in a CRM, check calendars, create tasks and run follow-ups, by connecting tools the business already uses.

“AIVERYN” is the brand and name of the product, which is in pre-launch; it is not a legal entity. At this time, the party legally responsible for the Platform is JORGE OGUSHI NETO, inscrito no CNPJ sob o nº 47.675.250/0001-95. In these Terms, “AIVERYN”, “we” and “our” refer to that party, who operates the product under the AIVERYN brand.

2. Pre-launch phase

The Platform is in pre-launch and under continuous development. This means that:

• features may be changed, limited, suspended or removed, and new features may be added, at any time;
• access to the customer area may be restricted to invited users, certain profiles or a waiting list;
• the test plan (“Free Test”) exists for evaluation, and the data and resources in that plan may be reset or removed, with reasonable notice where possible;
• errors, instability and downtime may occur, and the Platform is offered without a service level agreement (SLA) at this stage;
• we do not recommend that the Platform be the only record of critical business information at this stage; keep copies of whatever is important to you.

3. Access, eligibility and accounts

To use the customer area you must create an account with an e-mail and password and confirm the e-mail. You must have legal capacity to enter into agreements and, when using the Platform on behalf of a company, you state that you have authority to bind it to these Terms.

• you are responsible for providing true, complete and up-to-date information;
• you are responsible for keeping your password confidential and for all activity in your account; tell us immediately if you suspect unauthorized use;
• the company owner on the Platform is responsible for inviting, activating and deactivating team members and setting their permissions;
• the account is personal and non-transferable, unless permitted in writing.

4. User responsibilities

By using the Platform, you agree to:

• use the Platform in accordance with the law, these Terms and the rules of the third-party services you connect;
• have a legal basis and, where required, the consent or authorization of the people whose data you enter, import or process on the Platform (for example, your contacts and clients), and answer for that processing to those people and to the authorities;
• review the content and actions suggested or performed by automations and by artificial intelligence features before relying on them for important decisions;
• keep settings, automation rules, messages and templates appropriate to your activity, including your industry's rules (for example professional, ethical and advertising rules);
• comply with the communication rules that apply, such as those for messaging and consent on the channels you use.

5. Permitted use and prohibited conduct

It is forbidden to use the Platform to:

• pursue any unlawful, fraudulent, deceptive or abusive purpose, or one that violates third-party rights;
• send spam, unsolicited bulk messages, or communications without a legal basis or authorization;
• attempt to access areas, accounts or data of other companies, or bypass access controls, limits or security measures;
• reverse engineer, copy, resell, sublicense or exploit the Platform beyond what is permitted;
• introduce viruses or malicious code, or overload the infrastructure, including through bots or unauthorized load tests;
• enter content that is unlawful, offensive, discriminatory, or that infringes third-party intellectual property or privacy;
• use the Platform in a way that violates the policies of integrated third-party services.

We may apply technical usage limits, per company or per user, to protect the stability and security of the Platform and its operating cost, especially at this stage.

6. Third-party integrations

AIVERYN may connect, with the express authorization of the user company, to third-party tools and services, such as calendars, e-mail and messaging channels (for example Google and iCloud/Apple services and Meta's WhatsApp Business). These integrations may not be available to all users at this stage.

• these services belong to third parties and are governed by their own terms and policies, which you must follow; AIVERYN does not control them and is not responsible for them;
• by connecting an account, you authorize AIVERYN to access and use the data and permissions strictly necessary for the feature you enabled, within what the third-party service allows;
• you may revoke the authorization at any time, on the Platform or directly in the third-party service; revocation may stop features that depend on the integration;
• changes, limits, failures or discontinuation of a third-party service may affect the integration, without liability for AIVERYN;
• fees charged by third parties (for example for using WhatsApp Business) are the user company's responsibility toward the respective provider.

No integration is activated without an authorization action by the user company.

7. Artificial intelligence and automations

Some AIVERYN features may use artificial intelligence to interpret, summarize, organize or assist with operational tasks, and automations based on rules defined by the company. These features follow the settings and authorizations of the user company.

• artificial intelligence is a support tool and does not make final decisions on the customer's behalf; the decision, and responsibility for using the result, remain with the user company;
• results generated by artificial intelligence may contain errors, omissions or inaccuracies and must be reviewed by a person;
• artificial intelligence features may be introduced, changed or discontinued during pre-launch.

8. User company data and content

The data that the user company enters or connects (such as contacts, opportunities, appointments and conversations) remains the user company's. You grant us the limited, non-exclusive, revocable license needed to process that data for the sole purpose of providing the Platform, under these Terms and the Privacy Policy.

With respect to that data, the user company acts, as a rule, as controller and AIVERYN as processor under Law No. 13,709/2018 (LGPD, Brazil's data protection law), as detailed in the Privacy Policy.

9. Availability and maintenance

We use reasonable efforts to keep the Platform available, but we do not guarantee uninterrupted or error-free operation. Interruptions may occur due to maintenance, updates, technical failures, third-party service limits or circumstances beyond our control. Where reasonably possible, we will announce relevant scheduled maintenance.

10. Intellectual property

The Platform, including software, the “AIVERYN” brand, visual identity, texts, interfaces and other elements, is protected by intellectual property law and belongs to AIVERYN or its licensors. These Terms do not transfer any rights in them, and only grant a limited, personal, non-exclusive, revocable right to use the Platform under these Terms.

If you send us suggestions or feedback about the Platform, we may use them to improve it, without obligation of payment or attribution.

11. Plans, prices and payment

At this stage there is no charge on the Platform. Paid plans, prices, limits and payment methods will be announced before any charge and will depend on your acceptance. The existence of the test plan does not create any right to keep the plan, features or free conditions.

12. Limitation of liability

To the extent permitted by Brazilian law:

• the Platform is provided “as is” during pre-launch, with no guarantee of business results, increased sales, appointments or conversion;
• AIVERYN is not liable for damages arising from use in breach of these Terms, from decisions made on the basis of automated or artificial intelligence generated content without review, from failures or unavailability of third-party services, from improper access caused by the user's failure to safeguard credentials, or from fortuitous events and force majeure;
• AIVERYN is liable, under the law, for direct damages proven to have been caused by its fault or willful misconduct; to the extent permitted by law, it is not liable for lost profits, loss of business opportunities or other indirect damages, nor for damages arising from the situations above. Any compensation will be determined in proportion to the damage actually proven, taking into account the nature of the service (including that the test plan is free of charge), with no predefined fixed cap and without excluding liability for willful misconduct, gross negligence or any other liability that the law does not allow to be limited or excluded.

Nothing in these Terms excludes rights that applicable law, including consumer protection law where relevant, grants to the user and that cannot be waived by contract.

13. Suspension and termination

You may stop using the Platform and request the closure of your account at any time, through the contact channel below.

We may suspend or terminate access, in whole or in part, with or without prior notice, where there is a security risk, evidence of fraud, a breach of these Terms or the law, an order from a competent authority, or in order to end the pre-launch or a feature. Where reasonable and permitted, we will give advance notice and allow you to export or request your data, subject to the Privacy Policy on retention and deletion.

14. Changes to these Terms

We may update these Terms, especially as the Platform evolves. The date of the last update is at the top of this page. Relevant changes will be communicated by reasonable means (for example a notice on the website, on the Platform or by e-mail). Using the Platform after the new version takes effect indicates agreement; if you do not agree, stop using the Platform.

15. Governing law and venue

These Terms are governed by the laws of the Federative Republic of Brazil. The courts of the judicial district of São Paulo/SP are chosen to resolve disputes arising from them, without prejudice to the venue that applicable law determines as competent, including the consumer's domicile in consumer relations.

16. Contact

Questions about these Terms, requests and notices: support@aiveryn.com.