Terms of Service

Peritiq - Terms of Service

Effective Date: December 27, 2025

This document constitutes a legally binding agreement ("Agreement") between you (the "Customer," "you," or "your"), including any entity you represent, and Escola Amarela Servicos LTDA ("Provider," "we," "us," or "our"), a Brazilian company (CNPJ: 57.370.901/0001-92), governing your use of the Peritiq expert system (the "Service").

By creating an account, clicking "I Agree," or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

1. The Service

1.1. Description: The Service is an Expert Platform and Retrieval-Augmented Generation (RAG) platform that allows Customer to search expert opinions, upload proprietary content ("Uploaded Content") and receive AI-generated responses ("Generated Content") based on that content. All Uploaded Content must conform to the file type and technical requirements (e.g., text-based files) specified in our Usage and Credit Policy.

1.2. Subscription Plans: The Service is provided under various subscription plans ("Plans"). Your Plan, including all applicable limits on users, chat, storage (pages and media minutes), and credits, is governed by the details on our Pricing Page and as further defined in our Usage and Credit Policy.

1.3. Tenant Separation: The Service is designed with logical tenant separation. Your Uploaded Content and namespace are segregated from those of other customers.

1.4. Trial Version: We may offer a limited trial version ("Trial"). Trials are subject to feature limitations (as defined in our Usage and Credit Policy) and will automatically terminate or be suspended after the specified trial period (e.g., 7 days). Any content or data you upload during a Trial may be permanently deleted upon its conclusion. We are not liable for any such data loss. Free trials are strictly limited to one per person or entity. You are explicitly prohibited from creating multiple accounts (including deleting and re-registering) to circumvent Trial limitations.

1.5. Modifications to Service: We reserve the right to modify, update, or discontinue the Service (or any part thereof) at our sole discretion, with or without notice. We shall not be liable to you or any third party for any modification or suspension of the Service.

1.6. Refunds and Cooling-Off Period:

  • Security & Anti-Money Laundering (Source Refund Only): To comply with financial regulations and prevent fraud, all refunds are strictly processed automatically via our payment processor (Stripe) back to the original payment method. We are technically unable to refund via Pix, Wire Transfer, or to a different card.
  • General Rule: Except as expressly provided herein or required by applicable law, all fees paid are non-refundable.
  • Consumer Cooling-Off (Brazil): If you are a consumer residing in Brazil and subscribed remotely (online), you have the right to cancel your subscription within 7 (seven) calendar days of the purchase date ("Cooling-Off Period") for a full refund, provided you have not substantially used the Service (e.g., consumed more than 10% of your monthly credits or uploaded content for processing). To exercise this right, contact us at hi@peritiq.com within the 7-day period.
  • Consumer Cooling-Off (EU): If you are a consumer residing in the European Union and subscribed remotely, you have a 14-day cooling-off period during which you may cancel for a full refund, unless you have expressly consented to the immediate provision of the Service and acknowledged the loss of your withdrawal right. Substantial use of the Service (as defined above) constitutes such acknowledgment.

2. Your Account and Responsibilities

2.1. Account Registration: To access the Service, you must register for an account using accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.2. Administrator Responsibilities: If you are an Administrator of an account, you are responsible for managing Users, ensuring compliance with this Agreement, and controlling access to the Service within your organization.

2.3. Your Uploaded Content: You retain all ownership rights to your Uploaded Content. By uploading content, you grant us a limited, non-exclusive license to process that content solely to provide, secure, and improve the Service for you. You represent and warrant that you have all necessary rights and consents to upload and process such content.

3. Intellectual Property Rights

3.1. Provider's IP: All rights, title, and interest in the Service, including its underlying technology, algorithms, and documentation, are and remain the exclusive property of the Provider.

3.2. Customer's IP: All rights to your Uploaded Content remain with you. You grant us only the limited license described in Section 2.3.

3.3. Generated Content: Subject to your ownership of the Uploaded Content from which it is derived, you own the Generated Content produced by the Service for you. We claim no ownership over your Generated Content.

3.4. Feedback: Any feedback, suggestions, or ideas you voluntarily provide regarding the Service may be used by us without compensation or attribution to you.

4. Acceptable Use Policy (AUP)

You agree not to use the Service to:

  • Upload, transmit, or process any content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
  • Infringe upon the intellectual property rights of any third party.
  • Attempt to gain unauthorized access to the Service, other accounts, or related systems.
  • Interfere with or disrupt the Service or servers/networks connected to it.
  • Use the Service for any purpose that is competitive to the Provider.
  • Reverse engineer, decompile, or attempt to extract the source code of the Service.

4.1. Assessment and Questionnaire Data: By completing assessments, questionnaires, or self-evaluations on the Service, you acknowledge and agree that:

  • Your responses will be stored in association with your user account for the purpose of generating personalized analysis and results.
  • Your responses may contribute to anonymized, aggregated benchmarks that allow users to compare their results against industry or peer-group averages. No individual responses are ever shared publicly or identifiably.
  • We may use aggregated, de-identified response patterns to improve the quality and validity of assessment instruments.
  • Assessment results are provided for informational and self-reflection purposes only and do not constitute professional advice.

4.2. User-Generated Content (Testimonials & Reviews): If you submit testimonials, reviews, endorsements, or similar content:

  • You grant us a perpetual, worldwide, royalty-free license to display, reproduce, and distribute your submission on the Service and in marketing materials.
  • Your submission will be displayed with your first name, last initial, job title, and company name (e.g., "John D., Manager, Acme Corp").
  • Your full name and email address will remain private and will not be publicly displayed.
  • You may request removal of your testimonial at any time by contacting support.

4.3. Investor Assessments and Investor Match: If you complete the investor assessment questionnaire and have enabled "Actively Seeking Investment," you acknowledge and agree that:

  • Your assessment results will be saved in association with your user account and startup profile.
  • Based on a compatibility threshold achieved between your profile and registered investor criteria, investors may be notified and given the option to contact you through our platform.
  • Enabling "Actively Seeking Investment" constitutes your consent to be contacted by investors who meet the compatibility threshold.
  • We do not guarantee investor contact, funding, or any particular outcome from the investor match feature.

4.4. Community Investor Profiles: The Service may display community-generated profiles of investors. You acknowledge and agree that:

  • Community investor profiles are created for self-reflection and research purposes only, using publicly available information.
  • These profiles are not official profiles from the investors themselves and are not endorsed, verified, or maintained by the investors or their organizations.
  • We make no representations regarding the accuracy, completeness, or currency of information in community profiles.
  • You should not rely solely on community profiles when making investment-related decisions.

4.5. Stakeholder Simulator — Permitted Use and Restrictions: The Stakeholder Simulator feature allows users to build preparation profiles for business meetings and interactions. You acknowledge and agree that:

  • Profiles created in the Stakeholder Simulator are based exclusively on your own observations and perceptions of the named individual and are stored solely for your private meeting preparation.
  • The Stakeholder Simulator is designed for professional meeting preparation purposes only. It must not be used as a basis for employment decisions, hiring, termination, performance evaluations, credit or insurance assessments, or any other decisions that legally require formal psychological assessment or have significant impact on an individual's rights or opportunities.
  • You are solely responsible for any use of profiles and outputs generated by the Stakeholder Simulator and for ensuring that such use complies with applicable law, including data protection regulations (GDPR, LGPD).
  • Profile data is automatically and permanently deleted 12 months after the profile is completed. You will receive a notification 30 days prior to deletion.
  • The Provider indemnifies itself from any claim arising from use of the Stakeholder Simulator for employment, HR, legal, or other regulated decision-making purposes.

5. Disclaimers of Warranties

5.1. "AS IS" Basis: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that: (a) the Service will meet your specific requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from the Service, including Generated Content, will be accurate, reliable, or complete; or (d) any errors in the Service will be corrected.

5.2. Assessment Disclaimers: Self-assessments, questionnaires, and analysis results provided through the Service are tools for self-reflection and do not constitute psychological evaluations, medical diagnoses, professional certifications, or legal assessments. Results should not be used as the sole basis for significant personal or business decisions.

6. Limitation of Liability

You explicitly understand and agree that Escola Amarela Servicos LTDA and its affiliates, officers, and licensors shall not be liable to you for any indirect, incidental, special, consequential, or exemplary damages. This includes, but is not limited to, damages for loss of profits, revenue, goodwill, data, or other intangible losses, even if we have been advised of the possibility of such damages.

This limitation of liability applies to all claims, whether based on warranty, contract, tort (including negligence), or any other legal theory, and arises from or relates to: (a) the use of, or the inability to use, the Service; (b) your reliance on any Generated Content; (c) any unauthorized access to or use of our servers or your Uploaded Content; or (d) any other matter relating to the Service.

Our total aggregate liability to you for all claims arising from this Agreement or the Service is limited to the greater of (i) the total fees you paid to us for the Service in the six (6) months preceding the event giving rise to the claim, or (ii) one hundred U.S. dollars ($100.00).

7. Indemnification

You (and your entity, if applicable) agree to defend, indemnify, and hold harmless Escola Amarela Servicos LTDA and its affiliates, officers, directors, and employees from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) Your Uploaded Content; (b) Your use of the Service or Generated Content in violation of this Agreement; (c) Your breach of this Agreement or any applicable law; or (d) Any breach of this Agreement by your Administrators or Users.

8. Termination

8.1. Termination for Cause: We may suspend or terminate this Agreement and your access to the Service immediately, without notice, if you are in material breach of this Agreement, including any violation of the AUP (Section 4).

8.2. Payment Failures and Grace Period: If a scheduled payment fails, we will attempt to process the payment multiple times ("Smart Retries") over a specific period. Your access to the Service will remain active during a limited Grace Period (3 days) to allow you to update your payment method. If payment is not successfully captured by the end of the Grace Period, your account will be automatically suspended or downgraded to a Free plan until the outstanding balance is resolved.

8.3. Termination for Convenience: Either party may terminate this Agreement by providing notice, in which case termination will be effective at the end of your current subscription term.

8.4. Effect of Termination: Upon termination, your right to use the Service will cease immediately. We will have no obligation to maintain your Uploaded Content and may delete it in accordance with our Privacy Policy. The following sections shall survive any termination or expiration of this Agreement: 3 (Intellectual Property Rights), 5 (Disclaimers of Warranties), 6 (Limitation of Liability), 7 (Indemnification), 8.4 (Effect of Termination), and 9 (General).

9. General

9.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil, without regard to its conflict of law principles.

9.2. Jurisdiction: The parties agree that the exclusive jurisdiction for any dispute arising from this Agreement shall be the courts of the Comarca of São Paulo/SP, Brazil.

9.3. Entire Agreement: This Agreement, together with our Privacy Policy and our Usage and Credit Policy, constitutes the entire agreement between you and us regarding the Service and supersedes all prior agreements.

9.4. Severability: If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9.5. Waiver: The failure of either party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

9.6. Modifications to Terms: We reserve the right to modify these Terms at any time. We will provide notice of material changes (e.g., by email or through the Service) at least thirty (30) days before they take effect. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

9.7. Data Processing Agreement: To the extent that Escola Amarela Servicos LTDA processes personal data on behalf of a Customer acting as data controller under the GDPR or LGPD, the terms of Schedule A below are incorporated by reference and form part of this Agreement. Acceptance of these Terms constitutes acceptance of Schedule A without requiring a separate signature.

Schedule A — Data Processing Agreement (DPA)

Effective Date: March 18, 2026

This Schedule A is entered into between the Customer ("Controller") and Escola Amarela Servicos LTDA, CNPJ 57.370.901/0001-92 ("Processor"), and governs all processing of personal data carried out by the Processor on behalf of the Controller in connection with the Peritiq Service. It is concluded pursuant to Article 28 of Regulation (EU) 2016/679 ("GDPR") and Article 39 of Brazilian Federal Law No. 13.709/2018 ("LGPD"), and supplements — but does not replace — the main Terms of Service.

A.1. Subject Matter, Duration and Nature of Processing

The Processor shall process personal data exclusively to provide the Peritiq Service as described in the Terms of Service. Processing commences upon activation of the Service and continues until termination of the subscription, at which point the Processor shall delete or return all personal data in accordance with Section A.4 below, unless statutory retention obligations require otherwise.

Processing activities include: receiving and storing third-party personal data submitted by the Controller's authorised users via the Stakeholder Simulator feature; generating AI-synthesised behavioural summaries from that data; and automatically and irreversibly deleting all associated data no later than twelve (12) months after profile completion.

A.2. Purpose Limitation

The sole permitted purpose of processing under this Schedule is internal meeting preparation by the Controller's authorised users. Processing for any other purpose — including but not limited to employment screening, hiring or termination decisions, performance management, credit or insurance scoring, or any automated decision-making producing legal or similarly significant effects on data subjects — is strictly prohibited and constitutes a material breach of this Agreement.

A.3. Categories of Data Subjects and Personal Data

  • Data subjects: Named third-party individuals ("stakeholders") entered into the Peritiq Stakeholder Simulator by the Controller's authorised users. These individuals have no direct contractual relationship with the Processor and have not been notified of the processing by the Processor. Notification obligations rest solely with the Controller.
  • Categories of personal data processed: Full name; job title; organisation name; relationship context; and qualitative behavioural observations submitted by the Controller's users. AI-generated synthesis of those observations is also processed and stored.
  • Special category data: The Processor does not knowingly process special category data as defined in Article 9 GDPR or Article 11 LGPD. The Controller warrants that no such data will be submitted via the Service and assumes full liability for any breach of this warranty.

A.4. Obligations of the Processor

The Processor undertakes to:

  • Process personal data only on documented instructions from the Controller, which for the purposes of this Schedule are constituted by the Controller's use of the Service in accordance with these Terms;
  • Ensure that all persons authorised to process the personal data are subject to binding confidentiality obligations;
  • Implement and maintain appropriate technical and organisational security measures in accordance with Article 32 GDPR and Article 46 LGPD, proportionate to the risks presented by the processing;
  • Engage sub-processors only subject to a written contract imposing equivalent data protection obligations. A current list of authorised sub-processors (including their location and the category of processing performed) is available upon written request to privacy@peritiq.com. The Processor shall notify the Controller of any intended change to the sub-processor list at least thirty (30) days in advance, giving the Controller the opportunity to object;
  • Inform the Controller without undue delay if the Processor receives a data subject rights request (access, rectification, erasure, restriction, portability, or objection) from a data subject whose data is processed under this Schedule, and provide reasonable technical assistance to enable the Controller to fulfil that request;
  • Notify the Controller without undue delay — and in any event within seventy-two (72) hours — upon becoming aware of a personal data breach affecting data processed under this Schedule, providing sufficient information to enable the Controller to meet its notification obligations under Article 33 GDPR and Article 48 LGPD;
  • Automatically and irreversibly delete all Stakeholder Profile data (including configuration data, AI analysis, and all associated voter responses) no later than twelve (12) months after profile completion, and notify the Controller by email thirty (30) days in advance;
  • Upon the Controller's written request, provide all information reasonably necessary to demonstrate compliance with this Schedule, and permit and contribute to audits and inspections conducted by the Controller or a mandated auditor, subject to reasonable notice and confidentiality obligations.

A.5. Obligations of the Controller

The Controller represents, warrants and undertakes that:

  • It has established and shall maintain a valid lawful basis under Article 6 GDPR (and, where applicable, Article 7 LGPD) for all personal data entered into the Stakeholder Simulator, and shall document that basis upon request;
  • It shall not submit special category data (health, biometric, racial or ethnic origin, political opinions, religious beliefs, trade union membership, sexual orientation, or criminal convictions) in respect of any data subject;
  • It shall ensure that its authorised users are informed of and comply with Section 4.5 of these Terms and this Schedule A;
  • It shall handle, at its own cost and responsibility, any data subject rights requests made by individuals whose data is entered into the Service, using the Processor's technical assistance as described in A.4;
  • It accepts full and exclusive liability for any claim, fine, penalty, or regulatory action arising from its failure to comply with applicable data protection law in connection with its use of the Stakeholder Simulator.

A.6. International Data Transfers

Some processing activities may involve transfers of personal data to sub-processors located outside the European Economic Area or Brazil. All such transfers are governed by appropriate safeguards (e.g., European Commission standard contractual clauses or equivalent mechanisms under LGPD Chapter V) as set out in the agreements with the relevant sub-processors. Details of transfer mechanisms applicable to each sub-processor are available upon request to privacy@peritiq.com.

A.7. Liability and Indemnification

Each party shall be liable for the damage caused by processing that infringes this Schedule to the extent that it is responsible for such damage. The Controller shall indemnify and hold harmless the Processor from any third-party claims, regulatory fines, or enforcement actions arising from the Controller's failure to comply with its obligations under this Schedule or applicable data protection law.

A.8. Governing Law and Precedence

This Schedule A is governed by the laws of the Federative Republic of Brazil. For Controllers established in the European Union or processing data of EU residents, the provisions of the GDPR shall apply to the extent they impose stricter obligations than Brazilian law, and shall take precedence accordingly. In the event of conflict between this Schedule and the main Terms of Service, this Schedule prevails with respect to the processing of personal data.