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.

4.4a. General Provisions for Assessment and Diagnostic Tools (Sections 4.5–4.9): The following provisions apply to all assessment, diagnostic, and programme management tools offered through the Service (including Stakeholder Simulator, Team Fit, Leader, Culture Assessment, and Cohort Intelligence). By using any such tool, you acknowledge and agree that:

Customer as Data Controller: You (the Customer) are the Data Controller under applicable data protection law (GDPR, LGPD) for all personal data processed through these tools. Peritiq acts exclusively as Data Processor. You bear sole and exclusive responsibility for: establishing and documenting a valid legal basis for each category of processing; informing and obtaining consent from data subjects; and complying with all applicable employment, labour, and data protection laws in your jurisdiction.
Works Council / Employee Representation (Betriebsrat): Where your jurisdiction requires consultation with or approval by a works council, staff council, employee representation body, or similar institution (e.g., under BetrVG §87(1)(6), §94 in Germany, or equivalent provisions in Austria, France, Belgium, the Netherlands, or other jurisdictions), you are solely and exclusively responsible for obtaining such consultation or approval before deploying any assessment or diagnostic tool. Peritiq does not verify, monitor, or guarantee that you have fulfilled these obligations. Any templates, checklists, or orientation documents provided by Peritiq are for informational orientation purposes only and do not constitute legal advice. You must adapt any such materials with the assistance of your own qualified legal counsel. Peritiq assumes no liability whatsoever for the legal completeness, accuracy, or enforceability of any template or orientation document.
No Legal, Psychological, or Consulting Advice: Peritiq is a technology platform. It does not provide legal advice, psychological assessment, management consulting, investment advisory, or any other regulated professional service. All outputs (reports, scores, heatmaps, AI-generated insights) are informational tools for internal decision-support only and must not be treated as professional advice or as the sole basis for any significant decision affecting individuals.
Indemnification for Misuse: You agree to defend, indemnify, and hold harmless Peritiq (Escola Amarela Servicos LTDA) from any and all claims, fines, penalties, regulatory actions, and damages arising from: (a) your failure to obtain required works council or employee representation approval; (b) your use of tool outputs for prohibited purposes (employment decisions, individual evaluation, discriminatory actions); (c) your failure to establish a valid legal basis for data processing; (d) any claim by a data subject, employee, founder, investor, or third party arising from your deployment or use of the tools; or (e) any claim that a template or orientation document provided by Peritiq was relied upon as legal advice.

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.

4.6. Team Fit — Tool Classification, Permitted Use, and Restrictions: The Team Fit feature is an organizational development tool that enables teams to explore behavioral preferences, peer perceptions, and team dynamics. You acknowledge and agree that:

Tool Classification: Team Fit is an organizational development and team reflection tool. It is not a psychological assessment, psychometric test, personality test, or clinical diagnostic instrument. Results reflect self-reported behavioral preferences and peer perceptions, not validated psychological constructs.
Prohibited Uses: Team Fit must not be used as a basis for hiring or recruitment decisions, termination or disciplinary actions, individual performance evaluations, promotions or compensation decisions, clinical or therapeutic purposes, or any other decisions that legally require formal psychological assessment or have significant impact on an individual's rights or employment.
Customer Responsibility: If you deploy Team Fit within your organization, you are the Data Controller for all participant data collected through the tool. You are solely responsible for: (a) ensuring a valid legal basis for processing under applicable law (GDPR, LGPD); (b) informing participants about the purpose and scope of the tool before participation; (c) notifying and consulting with your works council, staff council, or equivalent employee representation body where required by applicable law; and (d) ensuring that participation is genuinely voluntary and that no adverse consequences result from non-participation.
Assessment Instrument — Module G (Transformational Awareness): Team Fit includes Module G: Transformational Awareness — four frequency-rated statements measuring depth of change engagement. This module assesses awareness patterns only and does not evaluate individual performance or character.
Limitation of Liability: Team Fit results are provided for informational and team development purposes only. The Provider makes no guarantee regarding the accuracy, completeness, or predictive validity of any results. Results do not constitute professional psychological, organizational, or management advice and should not be used as the sole basis for significant organizational decisions.

4.7. Leader — Sociometric Team Diagnostics: Permitted Use and Restrictions: The Leader feature enables structured sociometric assessment of leadership teams across four relational dimensions (trust, alignment, communication, influence). You acknowledge and agree that:

Tool Classification: Leader is a team development and organizational diagnostic tool designed to support team collaboration and alignment. It is not a psychological assessment, clinical diagnostic instrument, psychometric test, therapeutic tool, performance evaluation instrument, or employee monitoring system. The Provider does not practice psychology, psychotherapy, or any form of clinical assessment (Heilkunde). Results reflect self-reported relational perceptions and behavioral preferences between team members, not clinical diagnoses or validated psychological constructs. All interpretation and application of results is the sole responsibility of the Customer and any consulting professionals they engage.
Dual-Subject Data: Each participant in a Leader assessment is simultaneously a rater and a rated subject. Ratings you give about other team members constitute personal data about those team members. Ratings other team members give about you constitute personal data about you. Both directions of data are processed under the same legal basis, subject to the same retention and deletion rules, and governed by the same confidentiality protections.
Pressure Response Patterns (Derailers): Leader includes a module that identifies self-reported behavioral tendencies under pressure (e.g., increased risk-taking, decision avoidance, control-seeking). These patterns are not clinical diagnoses, personality disorders, psychiatric conditions, or indicators of mental health status. They describe normal workplace behavioral tendencies that are common in healthy adults. They must not be interpreted as clinical conditions, used as a basis for clinical referral, or communicated using clinical or diagnostic terminology (e.g., DSM, ICD categories). Any such interpretation or use is the sole responsibility of the Customer.
Decision-Support Only (GDPR Art. 22): All Leader outputs, including Execution Simulator results, Pair Friction Scores, Passive Resistance Risk classifications, coalition detection, and perception gap analyses that identify named individuals, are decision-support tools only. They must not be used as the sole basis for any decision producing legal or similarly significant effects on individuals, including but not limited to termination, demotion, reassignment, or performance improvement plans. Participants retain the right to request human review of any decision significantly informed by Leader outputs (GDPR Art. 22). The Provider bears no responsibility for employment decisions made by the Customer based on Leader outputs.
Prohibited Uses: Leader must not be used as a basis for hiring or recruitment decisions, termination or disciplinary actions, individual performance evaluations, promotions or compensation decisions, clinical or therapeutic purposes, or any other decisions that legally require formal psychological assessment or have significant impact on an individual's employment. Individual sociometric pair-level data must not be disclosed in group settings. Execution Simulator results identifying named individuals must not be shared beyond the assessed team's authorized viewers.
Customer Responsibility (Data Controller): If you deploy Leader within your organization, you are the Data Controller for all participant data collected through the tool. You are solely responsible for: (a) ensuring a valid legal basis for processing under applicable law (GDPR, LGPD); (b) obtaining informed consent from all participants before assessment; (c) notifying and consulting with your works council, staff council, or equivalent employee representation body where required by applicable law (e.g., BetrVG §87(1)(6), §94 in Germany); (d) ensuring that participation is genuinely voluntary and that no adverse consequences result from non-participation; and (e) ensuring that sociometric results are used exclusively for team development purposes.
AI Processing: Team data including member names and group labels is transmitted to AI sub-processors for structural analysis. The AI identifies relational patterns (trust asymmetries, communication gaps, influence concentration) — it does not evaluate individual performance or character. AI-generated insights are visible only to the team creator.
Social Dynamics Index: The Leader feature produces a Social Dynamics Index — a computed metric derived from sociometric network quality and culture type. This index classifies the team's social field depth and is derived from existing assessment data without additional questions. It does not evaluate individual performance.
Data Retention: Individual sociometric rating data is automatically and permanently deleted 24 months after collection. The team creator is notified by email 30 days in advance. Team structure and membership data are preserved; only raw rating data is deleted.
Anonymization and Minimum Group Size: Individual ratings are displayed only in aggregated form. Pair-level data (heatmaps, asymmetry analysis) requires a minimum of 3 unique raters before display. Below this threshold, only aggregated averages are shown.
Consent Gate: Digital consent is required from each participant before any sociometric assessment. Consent can be withdrawn at any time, triggering deletion of the participant's individual data within 30 days.
Anonymized Aggregate Statistics: Assessment responses contribute to anonymized, aggregate statistical benchmarks (e.g., percentile distributions, mean scores, scale reliability coefficients). These aggregates contain no personally identifiable information and cannot be traced to any individual. Aggregate statistics are retained permanently and are not affected by individual data deletion requests, as they do not constitute personal data within the meaning of GDPR Article 4(1) / Recital 26. This processing is based on the Provider's legitimate interest in improving assessment quality (GDPR Article 6(1)(f)).
Limitation of Liability: Leader results are provided for informational and team development purposes only. The Provider makes no guarantee regarding the accuracy, completeness, or predictive validity of any results. The Provider is indemnified from any claim arising from use of Leader results for employment, HR, legal, or other regulated decision-making purposes.

4.8. Culture Assessment (Culture Check, Transform, Merger) — Tool Classification, Permitted Use, and Restrictions: The Culture Assessment feature enables organisations to measure cultural profiles, change readiness, trust in leadership, psychological safety, and departmental alignment through standardised questionnaires. Higher tiers (Transform, Merger) add individual-level classification outputs. You acknowledge and agree that:

Tool Classification: Culture Assessment is an organisational development tool designed to support organisational understanding and change management. It is not a psychological assessment, psychometric test, clinical diagnostic instrument, therapeutic tool, or employee monitoring system. The Provider does not practice psychology, psychotherapy, or any form of clinical assessment (Heilkunde). Results reflect aggregated self-reported perceptions, not clinical diagnoses or validated psychological constructs about individuals. All interpretation and application of results is the sole responsibility of the Customer and any consulting professionals they engage.
Instruments Collected: Depending on the product tier, Culture Assessment may collect data through the following instruments: Competing Values Framework (CVF, ipsative culture type; Cameron & Quinn 1983), Cultural Traits (Likert, aligned with Denison 1990 four-trait model, Peritiq-authored items), Change Readiness Index (5 subscales measuring readiness for a specific change), Trust in Leadership (3 subscales: integrity, benevolence, ability), Psychological Safety (6 items measuring safety to speak up), Individual Values Profile (Likert-based individual culture alignment, Merger tier only), Merger Commitment Index (6 items measuring merger commitment, Merger tier only), and Cultural Dimensions Proxy (10 items measuring directional cultural tendencies, Merger tier only). Participants must be informed which instruments are included in their assessment before participation.
Anonymisation and Minimum Group Size: Individual responses are never displayed. Department-level or group-level results require a minimum of 5 respondents before display. Below this threshold, group results are suppressed entirely to protect participant anonymity. This threshold is enforced in the platform code and cannot be overridden.
Prohibited Uses: Culture Assessment results must not be used as a basis for: hiring, recruitment, or selection decisions; termination or disciplinary actions against individual employees; individual performance evaluations, promotions, or compensation decisions; identification of specific individuals for adverse employment actions; building layoff lists or exit lists from any assessment output; any decisions that legally require formal psychological assessment or have significant impact on an individual's rights or employment. Data collected for one purpose (e.g., organisational development) must not be repurposed for another (e.g., transformation decisions or performance review) without obtaining new, specific consent from participants.
Transform Tier — Individual Classification Outputs: The Transform tier produces a Resistance Risk Matrix that classifies named individuals into quadrants (Change Champions, Highest Risk, Willing but Low-Reach, Passive Resisters) based on change readiness scores and sociometric network influence. These classifications are decision-support only and must not be used as the sole basis for any employment decision (GDPR Art. 22). The "Highest Risk" classification indicates that an individual needs targeted engagement and support, not that they should be terminated or penalised. Named individuals from the Resistance Risk Matrix must never be identified in group settings or public presentations. The Transformation Risk Analysis (TRA) identifies systemic blockage patterns, not individual failures. Change Readiness Index scores measure whether the preconditions for change have been met, not whether individual employees are willing or capable. Low CRI scores reflect the change process, not employee character.
Merger Tier — Cross-Organisation Outputs: The Merger tier produces cross-organisation comparison outputs including compatibility scores, friction zone analysis, Individual Values Profile (IVP) fit tiers (Aligned, Moderate Gap, Significant Gap), Merger Commitment Index (MCI), Merger Advocacy Matrix (Integration Champion, Bridge Candidate, Critical Risk, Disengaged), and HR Action Recommendations (Retain as Leverage, Develop, Targeted Intervention, Decision Point, Transition Planning, Urgent Action). All of these outputs are decision-support only. Specifically: (a) IVP "Significant Gap" means the individual needs more integration support, not that they should be terminated. IVP fit tiers must not be compiled into exit lists or used as selection criteria for redundancy. (b) MCI measures self-reported psychological readiness and must not be interpreted as an indicator of employee loyalty, performance, or attitude. Low MCI in the acquired organisation is normal and expected. (c) HR Action Recommendations such as "Transition Planning" and "Urgent Action" are informational classifications, not dismissal recommendations. Human review and independent HR/legal judgment are mandatory before any employment decision. (d) Critical Risk individuals in the Advocacy Matrix must not be named in group settings. The Provider bears no responsibility for employment decisions made by the Customer based on any of these outputs.
Merger Tier — Symmetric Assessment Requirement: Cross-organisational comparison outputs (compatibility score, Aitchison distance, MCI comparison, culture radar overlay) are designed for use where both the acquiring and acquired organisation have independently completed the full Culture Assessment. Producing comparison outputs from a single-organisation assessment and a self-reported leadership profile does not constitute a valid comparison and should be disclosed as a material limitation to all stakeholders.
Merger Tier — Post-Closing Works Council Rights: In a merger or acquisition context, the Customer acknowledges that the acquired entity's existing works council (Betriebsrat) retains its co-determination rights post-closing pursuant to applicable law (e.g., BetrVG in Germany, ArbVG in Austria). Ownership transfer does not extinguish these rights. The Customer is solely responsible for obtaining works council approval from each entity's Betriebsrat independently before deploying assessments to that entity's employees.
Merger Tier — Prohibition on Data as Leverage: Merger Phase C individual data (IVP tiers, MCI scores, Advocacy Matrix quadrants, HR Action Recommendations) must not be disclosed to acquired-entity employees, their works council, or any third party in a manner designed to create pressure or coercion. Use of individual classification outputs as negotiating leverage or to suppress employee rights is a Prohibited Use.
Cross-Border Assessments: Where an assessment spans employees of organisations in different jurisdictions, the Customer is solely responsible for ensuring that any data sharing between the organisations (in their capacity as separate Data Controllers) has a valid legal basis and, where applicable, appropriate transfer mechanisms (e.g., Standard Contractual Clauses, adequacy decisions).
Decision-Support Only (GDPR Art. 22): All Culture Assessment outputs that classify or categorise named individuals (Resistance Risk Matrix, Merger Advocacy Matrix, IVP fit tiers, HR Action Recommendations) are decision-support tools only. They must not be used as the sole basis for any decision producing legal or similarly significant effects on individuals. Participants retain the right to request human review of any decision significantly informed by these outputs (GDPR Art. 22). The Provider bears no responsibility for employment decisions made by the Customer based on Culture Assessment outputs.
Customer Responsibility (Data Controller): If you deploy Culture Assessment within your organisation, you are the Data Controller for all participant data collected through the tool. You are solely responsible for: (a) ensuring a valid legal basis for processing under applicable law (GDPR, LGPD); (b) informing participants about the purpose, scope, and specific instruments included in the assessment before participation; (c) notifying and consulting with your works council, staff council, or equivalent employee representation body where required by applicable law; (d) ensuring that participation is genuinely voluntary and that no adverse consequences result from non-participation; (e) ensuring that results are used exclusively for organisational development and change management, not for individual evaluation or personnel selection; and (f) ensuring that any consulting professionals engaged to interpret results are appropriately qualified and adhere to the ethical use requirements in this section.
AI Processing: Aggregated assessment data may be transmitted to AI sub-processors for analysis and report generation. AI-generated insights describe organisational patterns and group-level dynamics. They do not evaluate individual participants, diagnose conditions, or provide clinical assessments. AI outputs are visible only to the assessment creator and designated administrators.
Data Retention: Individual assessment response data is automatically and permanently deleted 24 months after collection. The assessment creator is notified by email 30 days in advance. Aggregated, anonymised organisational results may be retained for longitudinal comparison. Team membership data (names and roles) is deleted upon account termination.
Limitation of Liability: Culture Assessment results are provided for informational and organisational development purposes only. The Provider makes no guarantee regarding the accuracy, completeness, or predictive validity of any results. Results do not constitute professional psychological, clinical, therapeutic, organisational, or management consulting advice. The Provider is not a clinical, psychological, or therapeutic service provider and accepts no liability arising from any clinical, diagnostic, or therapeutic interpretation of its outputs. The Provider is indemnified from any claim arising from use of Culture Assessment results for employment, HR, legal, clinical, or other regulated decision-making purposes.

4.9. Cohort Intelligence (Incubator / Accelerator Programs) — Permitted Use and Restrictions: The Cohort Intelligence feature enables incubator and accelerator operators to track founder progress, facilitate mentor feedback, and aggregate investor signals across cohorts. You acknowledge and agree that:

Tool Classification: Cohort Intelligence is a programme management and decision-support tool. It is not an investment advisory service, a credit-scoring system, or a predictive analytics instrument with legal or financial effect. Outputs such as Drift Scores, readiness metrics, and challenge heat maps reflect structured self-reported and peer-reported data — they are not validated financial or performance indicators.
Prohibited Uses: Cohort Intelligence outputs must not be used as a basis for: automated investment or funding decisions without human review; discriminatory selection or exclusion of founders based on protected characteristics; sharing individual founder data with third parties (including investors or limited partners) without the founder's explicit, informed consent; creating public rankings or blacklists of founders; or any decisions producing legal or similarly significant effects on individuals without appropriate human oversight.
Customer Responsibility (Data Controller): If you deploy Cohort Intelligence as a programme operator, you are the Data Controller for all data collected through the tool, including founder data, mentor feedback, and investor signals. You are solely responsible for: (a) ensuring a valid legal basis for each category of data processing; (b) informing founders, mentors, and investors about what data is collected, how it is used, and with whom it is shared; (c) obtaining explicit consent before sharing individual founder data with investors or other third parties; (d) ensuring that algorithmic scores and metrics are used as decision-support only, never as the sole basis for significant decisions affecting founders; and (e) conducting a Data Protection Impact Assessment (DPIA) where the scale or nature of processing requires it under Article 35 GDPR.
Founder Data Visibility: Founders have a dedicated workspace and can view their own data. Programme directors have portfolio-level visibility across the cohort. Mentors see only the founders assigned to them. Investors receive aggregated or individual data only where explicit founder consent has been obtained.
AI Processing: Founder data (including progress metrics, open decisions, and mentor notes) may be transmitted to AI sub-processors for analysis, brief generation, and pattern detection. AI outputs serve as decision-support tools and must not replace human judgement in programme or investment decisions.
Data Retention: Individual founder data is automatically deleted 24 months after the cohort programme concludes. Aggregated, anonymised cohort benchmarks may be retained for programme improvement. The programme operator is notified by email 30 days before deletion.
Limitation of Liability: Cohort Intelligence outputs (including Drift Scores, readiness metrics, challenge heat maps, and AI-generated briefs) are provided for informational and programme management purposes only. The Provider makes no guarantee regarding the accuracy, completeness, or predictive validity of any output. Outputs do not constitute investment advice, financial analysis, or due diligence. The Provider is indemnified from any claim arising from investment decisions, funding allocations, or programme actions based in whole or in part on Cohort Intelligence outputs.

4.10. Consultancy Profile Sharing — Individual Assessment Results: The Service allows individuals who have completed a questionnaire to voluntarily share their individual assessment results with a registered consultancy. You acknowledge and agree that:

Voluntary, Consent-Based Sharing: Sharing is initiated exclusively by the individual who completed the assessment. The individual must enter the consultancy's 8-digit identification code and explicitly confirm their intent to share. This constitutes informed consent under GDPR Article 6(1)(a). No assessment results are shared with any consultancy without the individual's affirmative action.
Scope of Shared Data: When an individual shares their profile, the consultancy receives read-only access to: the individual's name (as provided at the time of sharing), optional company or organisation name, overall assessment score and dimension-level scores, dimension interpretations and strategic recommendations, radar/bar chart visualisation data, community benchmark comparison data (anonymised), and any cached AI-generated insight text associated with the assessment session. Raw question-level responses are not shared. The individual's email address is not shared.
Consultancy as Independent Data Controller: Upon receiving shared profile data, the consultancy becomes an independent Data Controller for that data under applicable data protection law. The consultancy is solely responsible for: (a) processing the shared data exclusively for the agreed coaching or consulting purpose; (b) not further sharing, distributing, or publishing individual profile data without the individual's separate consent; (c) complying with all applicable data protection obligations including retention limits and data subject rights; and (d) deleting shared profile data upon revocation of consent.
Revocation: The individual may revoke their sharing consent at any time through the assessment results page. Revocation immediately terminates the consultancy's access through the Service. The consultancy is responsible for deleting any copies of the profile data they may have retained outside the Service.
Audit Trail: The Service records each instance of consultancy access to a shared profile, including timestamps and access counts. This audit trail is available to the individual upon request.
No Employment Use: Shared individual profile data must not be used as a basis for hiring, termination, performance evaluation, or any other employment decision. The consultancy must use shared profiles exclusively for professional development, coaching, or advisory purposes.
Data Retention: Shared profile access is automatically removed when: (a) the individual revokes consent; (b) the individual's assessment session is deleted through the standard data retention process (24 months); or (c) the individual's user account is deleted. The consultancy must comply with its own data retention obligations for any data retained outside the Service.
Limitation of Liability: The Provider is not responsible for how a consultancy uses, stores, or processes shared profile data after it has been accessed through the Service. The Provider is indemnified from any claim arising from a consultancy's misuse, further distribution, or inappropriate retention of shared individual profile data.

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: (i) Stakeholder Simulator: receiving and storing third-party personal data submitted by the Controller's authorised users; 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. (ii) Leader: receiving and storing sociometric distance ratings submitted by participants; generating AI-synthesised team structural insights from that data including member names and group labels; and automatically and irreversibly deleting all individual rating data no later than twenty-four (24) months after collection. (iii) Culture Assessment: receiving and storing individual questionnaire responses on organisational culture, change readiness, and departmental alignment; generating AI-synthesised organisational reports from aggregated data; and automatically and irreversibly deleting individual response data no later than twenty-four (24) months after collection. (iv) Cohort Intelligence: receiving and storing founder progress data, mentor feedback, and investor signals submitted via incubator/accelerator programme tools; generating AI-synthesised briefs and readiness metrics; and automatically and irreversibly deleting individual founder data no later than twenty-four (24) months after cohort programme conclusion.

A.2. Purpose Limitation

The permitted purposes of processing under this Schedule are: (a) internal meeting preparation by the Controller's authorised users (Stakeholder Simulator); (b) organisational team development and leadership alignment diagnostics (Leader); (c) team dynamics exploration (Team Fit); (d) organisational culture measurement, change readiness assessment, and departmental alignment analysis (Culture Assessment); and (e) incubator/accelerator programme management, founder progress tracking, and cohort-level benchmarking (Cohort Intelligence). Processing for any other purpose — including but not limited to employment screening, hiring or termination decisions, individual performance management, credit or insurance scoring, automated investment decisions without human oversight, 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.
Data subjects (Leader): Team members invited to participate in Leader sociometric assessments by the Controller's authorised users. These individuals provide their own data through a consent-gated assessment process.
Data subjects (Culture Assessment): Employees or organisational members invited to participate in culture and change readiness questionnaires by the Controller's authorised users. These individuals provide their own data through a consent-gated assessment process.
Data subjects (Cohort Intelligence): Founders, mentors, and investors participating in incubator or accelerator programmes managed through the Service. Founders provide their own data; mentor and investor feedback is submitted by those individuals directly.
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. For Leader: First name, last initial, group label, sociometric distance ratings (1–10 scale across four dimensions), and AI-generated structural analysis of team patterns. For Culture Assessment: Department or group affiliation, questionnaire responses on cultural values, change readiness, and organisational dynamics. For Cohort Intelligence: Founder name, startup name, progress metrics, decision-stage data, mentor notes, investor feedback scores, and AI-generated readiness briefs.
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;
Automatically and irreversibly delete all individual sociometric rating data collected via the Leader feature no later than twenty-four (24) months after collection, and notify the team creator by email thirty (30) days in advance;
Automatically and irreversibly delete all individual Culture Assessment response data no later than twenty-four (24) months after collection, and notify the assessment creator by email thirty (30) days in advance. Aggregated, anonymised organisational results may be retained for longitudinal comparison;
Automatically and irreversibly delete all individual Cohort Intelligence founder data no later than twenty-four (24) months after the cohort programme concludes, and notify the programme operator by email thirty (30) days in advance. Aggregated, anonymised cohort benchmarks may be retained for programme improvement;
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.
Where deploying the Leader feature, it shall ensure that a works council agreement (Betriebsvereinbarung) or equivalent employee representation consultation has been conducted where required by applicable law, and shall use sociometric results exclusively for team development purposes as described in Section 4.7 of these Terms;
Where deploying Culture Assessment, it shall ensure that a works council agreement or equivalent employee representation consultation has been conducted where required by applicable law, and shall use results exclusively for organisational development purposes as described in Section 4.8 of these Terms. The Controller shall not use departmental or group-level results to identify or disadvantage individual employees;
Where deploying Cohort Intelligence, it shall: (a) inform founders, mentors, and investors about what data is collected and how it is used; (b) obtain explicit consent before sharing individual founder data with investors, limited partners, or other third parties; (c) ensure that algorithmic outputs (Drift Scores, readiness metrics, challenge heat maps) are used as decision-support only, not as the sole basis for funding, admission, or programme continuation decisions; and (d) conduct a Data Protection Impact Assessment (DPIA) where the scale or nature of processing requires it under Article 35 GDPR;

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.

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