Zendux AI — Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Zendux AI platform and related services provided by Pratique Concursos Ensino LTDA, a limited liability company organized under the laws of Brazil (“Zendux AI,” “Company,” “we,” “us,” or “our”).

By creating an account, accessing, or using the Services, you (“Customer,” “you,” or “your”) agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

1. DEFINITIONS

1.1 “Account” means your user profile created through registration at [zenduxai.com] and required to access the Services.

1.2 “AI Tools” means artificial intelligence models, systems, and technologies—including those provided by Third-Party AI Providers—used to generate or transform content based on your Input, as well as any supporting or complementary software components, orchestration layers, templates, filters, or post-processing tools developed to enhance, adapt, or deliver such model outputs within the Services.

1.3 “Credits” means virtual credits allocated to your Account that enable the generation, editing, or download of Output.

1.4 “Input” means any content, data, prompts, images, videos, text, or other materials you submit to or through the Services, including when you use non-AI editing or creative features.

1.5 “Output” means any content generated, edited, transformed, or exported through the Services (including via AI Tools or other non-AI creative features), such as images, videos, text, and other materials.

1.6 “Customer Materials” means collectively your Input and Output.

1.7 “Services” means Zendux AI’s online platform, tools, features, and related software that enable you to generate, edit, or transform creative assets (whether or not AI-generated), including through AI Tools and other non-AI creative features such as templates, layouts, and manual editing tools.

1.8 “Subscription Plan” means the service tier selected by you, which sets features, pricing, usage limits, and Credits allocation.

1.9 “Third-Party AI Providers” means external providers of AI technologies integrated into the Services, including but not limited to OpenAI and Anthropic, and any other similar vendors.

2. SERVICES AND ACCESS

2.1 License Grant

Subject to these Terms and your active Subscription Plan, Zendux AI grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business or personal purposes.

2.2 Service Availability

We use commercially reasonable efforts to make the Services available but do not guarantee:

• uninterrupted or error-free access;
• specific uptime levels or performance benchmarks;
• availability during maintenance, upgrades, or outages of Third-Party AI Providers, cloud infrastructure providers, or other vendors.

Your sole remedy for service interruptions or unavailability is to terminate your Subscription as described in Section 7.

2.3 Account Responsibility

You are solely responsible for:

• maintaining the confidentiality of your Account credentials;
• all actions and usage under your Account, whether authorized by you or not;
• ensuring only authorized individuals access your Account;
• all fees, Credits consumption, and content generated or edited through your Account.

Zendux AI is not responsible for unauthorized access resulting from your actions, omissions, or negligence.

2.4 Eligibility

The Services are intended for use by businesses and professionals. You may use the Services only if you (a) are at least 18 years old (or the age of majority in your jurisdiction), (b) have the legal capacity to enter into a binding contract, and (c) are not barred from using the Services under applicable law, including export control and sanctions laws.

If you access or use the Services on behalf of a company or other legal entity, you represent and warrant that you are authorized to bind that entity, and "you" and "Customer" will refer to both you and that entity.

3. AI TOOLS, CREATIVE FEATURES, AND OUTPUT

3.1 AI-Generated Content

Some features of the Services use AI Tools provided by Third-Party AI Providers to generate or modify Output based on your Input. Other features may allow you to create or edit content without invoking AI Tools (for example, through manual editing, templates, overlays, or compositing tools). This Section focuses on AI-related functionality.

(a) Use of Third-Party AI Providers

The Services integrate technologies provided by Third-Party AI Providers such as OpenAI and Anthropic. Your use of AI-based features is subject to:

• these Terms;
• the applicable terms of service and usage policies of each Third-Party AI Provider; and
• any other applicable third-party terms or policies.

You authorize Zendux AI to transmit Input, Output (where needed), and related technical or usage data to such Third-Party AI Providers as reasonably necessary to deliver the AI-based aspects of the Services.

(b) Non-Unique AI Output

Due to the nature of AI systems, AI-generated Output may not be unique and other users may receive identical or similar Output if they provide similar Input.

(c) No Guarantees for AI-Generated Output

AI Tools may generate Output that is inaccurate, incomplete, inappropriate, offensive, unreliable, or unsuitable for your intended use, and may not meet your expectations or requirements.

3.2 Your Responsibilities for Output (AI and Non-AI)

Regardless of whether Output is produced using AI Tools or non-AI creative features, you are solely responsible for:

• reviewing, validating, and assessing the accuracy and appropriateness of Output before using it;
• ensuring your use of Output complies with all applicable laws and regulations;
• determining whether your use of Output may infringe third-party rights;
• the consequences of any decisions you make or actions you take based on Output.

Zendux AI disclaims all liability arising from or relating to your use, modification, publication, or distribution of Output, whether generated by AI or created/edited using non-AI features.

3.3 Data Usage and AI Training

(a) How Zendux AI Uses Customer Materials

We will:

• use Customer Materials to operate, provide, maintain, and support the Services, including AI Tools and non-AI creative features, as well as complementary software components;
• use Customer Materials (including samples of Input and Output) to maintain, improve, and develop the Services, our AI Tools, non-AI creative features, complementary software components, and underlying models and features, as permitted by applicable law and our Privacy Policy;
• generate and use aggregated, de-identified, or anonymized data derived from Service usage for analytics, diagnostics, security, and product improvement.

(b) How Third-Party AI Providers Use Data

Third-Party AI Providers integrated into the Services may:

• receive your Input, Output, and related technical or usage data as necessary to perform inference, processing, filtering, safety checks, or other functionality;
• process such data in accordance with their own terms of service and privacy policies, which you should review; and
• use such data to train, tune, or improve their models, safety systems, and related services to the extent permitted under their terms and applicable law.

Third-Party AI Providers act as independent data controllers (or the equivalent under applicable law) with respect to the processing performed in their own systems. Zendux AI does not control and is not responsible for their data processing practices. By using the Services, you acknowledge and agree that your data may be processed by such providers as described in their terms and policies.

3.4 Prohibited Content and Uses

You agree not to upload, create, generate, edit, or otherwise process via the Services (whether using AI Tools or non-AI features) any content that:

• involves minors in any sexualized, exploitative, or otherwise harmful context;
• constitutes non-consensual intimate imagery, deepfakes, or similar abuses;
• constitutes harassment, threats, hate speech, or incitement to violence;
• is intentionally deceptive or manipulative in connection with political processes or public information;
• infringes any intellectual property, privacy, publicity, or other rights of third parties;
• contains malware, viruses, or other malicious code;
• violates applicable law or any Third-Party AI Provider’s acceptable use policies.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Your Ownership of Customer Materials

As between you and Zendux AI:

• you retain ownership of your Input;
• you own the Output generated or edited for you through the Services, subject to the non-uniqueness described in Section 3.1(b) and to applicable law regarding AI-generated works;
• Input and Output together constitute your Customer Materials.

Copyright protection and other intellectual property rights in AI-generated content may vary by jurisdiction.

4.2 License You Grant to Us

You grant Zendux AI a worldwide, non-exclusive, royalty-free license to:

• use, host, store, reproduce, modify, and process Customer Materials as reasonably necessary to operate, provide, secure, and improve the Services, our AI Tools, non-AI creative features, and complementary software components;
• transmit, disclose, and otherwise make Customer Materials available to Third-Party AI Providers and other service providers we use (including hosting, cloud infrastructure, storage, analytics, support, email, and monitoring providers) as necessary to provide, maintain, and improve the Services;
• generate and use aggregated, de-identified, or anonymized data derived from Customer Materials and Service usage for analytics, benchmarking, diagnostics, and product development.

4.3 Our Ownership of the Platform

Zendux AI and its licensors own all rights, title, and interest in and to the Services and all related software, code, architecture, interfaces, templates, documentation, branding, and derivative works. You receive no rights in any of the foregoing except as expressly stated in these Terms.

4.4 Marketing Rights

You grant Zendux AI a non-exclusive, revocable, royalty-free license to use your company name, logo, and trademarks as a customer reference in our website, pitch materials, and similar marketing content. You may revoke this authorization at any time by emailing email@zenduxai.com, and we will cease new uses within a reasonable period.

4.5 Intellectual Property Complaints

If you believe that content hosted on the Services infringes your copyright or other intellectual property rights, please send a written notice to legal@zendux.ai including:

• a description of the work or rights you claim have been infringed;
• a description of the content you claim is infringing and enough information to locate it on the Services (for example, a URL);
• your name, address, email address, and telephone number;
• a statement that you have a good-faith belief that the disputed use is not authorized by the rights owner, its agent, or the law; and
• a statement that the information in your notice is accurate and, under penalty of perjury, that you are the rights owner or authorized to act on the rights owner’s behalf.

We may remove or disable access to the allegedly infringing content and may terminate Accounts of repeat infringers in appropriate circumstances.

5. ACCEPTABLE USE RESTRICTIONS

You agree that you will not:

• copy, modify, reverse engineer, decompile, or attempt to extract source code from the Services;
• sell, resell, sublicense, rent, or lease the Services to any third party;
• remove or obscure any proprietary notices or branding;
• use the Services to build or assist in building a competing product or service;
• circumvent or attempt to bypass any usage limits, Credits systems, or rate limits;
• access the Services using automated means (bots, scrapers, etc.) except as expressly permitted by us in writing;
• upload or transmit any malware, virus, or other malicious code;
• interfere with or disrupt the operation, security, or integrity of the Services.

6. FEES, PAYMENT, AND CREDITS

6.1 Fees

You agree to pay all fees associated with your Subscription Plan and any usage beyond included limits, as displayed on our website or in your Account.

6.2 Billing, Payment, and Automatic Renewal

• Subscription fees are billed in advance at the start of each billing cycle;
• overage and usage-based fees (if any) are billed in arrears;
• by starting a Subscription, you authorize Zendux AI and our third-party payment processors (such as Stripe) to automatically charge your designated payment method for recurring Subscription fees, usage-based fees, and any applicable taxes, until you cancel your Subscription in accordance with Section 7.2;
• your Subscription will automatically renew at the end of each billing cycle for the same term at the then-current price, unless you cancel before the end of the current billing cycle;
• all fees are due in the currency indicated at checkout or in your Account, and you are responsible for keeping your billing information complete and up to date.

Payment processing is provided by third-party processors, such as Stripe. We do not store your full payment card number, but may receive and store payment tokens and limited information related to your payment method for billing, fraud prevention, and accounting purposes.

6.3 Late Payments

If you fail to pay any amount when due, we may (a) charge interest at 1% per month or the maximum rate permitted by law, (b) suspend or terminate your access to the Services, and (c) recover all reasonable costs of collection.

6.4 Taxes

You are responsible for all taxes, duties, and governmental charges arising from your purchase or use of the Services, except taxes based on our net income.

6.5 Credits

• Credits are allocated according to your Subscription Plan or one-time purchases;
• Credits expire at the end of each billing period and do not roll over, unless explicitly stated otherwise;
• unused Credits are forfeited upon termination or expiration of your Subscription;
• Credits are non-refundable.

6.6 Refund Policy

Refunds are offered only as follows:

• for monthly plans: within 7 days of your initial Subscription purchase;
• for annual plans: within 30 days of your initial Subscription purchase;
• in both cases, only if you have used less than 10% of the Credits included for the period.

All refund decisions are at our sole discretion. There are no refunds for dissatisfaction with Output, unused Credits, or partial billing periods.

7. TERM AND TERMINATION

7.1 Term

Your Subscription will automatically renew at the end of each billing cycle unless cancelled in accordance with these Terms.

7.2 Cancellation by You

You may cancel your Subscription at any time via your Account settings or by contacting email@zenduxai.com. Cancellation will take effect at the end of the current billing period, and you remain responsible for all fees due through that date.

7.3 Suspension or Termination by Us

We may suspend or terminate your Account immediately if:

• you breach these Terms or any applicable third-party terms;
• your payment is late, refused, or reversed;
• we suspect fraudulent, abusive, or unlawful activity;
• your use of the Services creates risk or potential legal exposure for us or others;
• we discontinue the Services in whole or substantial part.

7.4 Effect of Termination

Upon termination or expiration of your Subscription:

• your right to access and use the Services immediately ceases;
• unused Credits are forfeited with no refund;
• we may delete your Customer Materials and Account data after 30 days, except where we are legally required or permitted to retain them longer;
• any provisions that by their nature should survive (including IP rights, disclaimers, limitations of liability, indemnification, and governing law) shall survive.

7.5 Data Export

You are responsible for exporting your Customer Materials prior to termination. For up to 30 days after termination, we may (but are not obligated to) allow you limited access solely to export your data.

8. DISCLAIMERS AND WARRANTIES

8.1 Services Provided “AS IS”

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AI TOOLS, NON-AI CREATIVE FEATURES, AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• NON-INFRINGEMENT;
• ACCURACY, RELIABILITY, OR QUALITY OF OUTPUT OR OTHER RESULTS;
• UNINTERRUPTED OR ERROR-FREE OPERATION.

8.2 Third-Party AI Providers and Services

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY THIRD-PARTY AI PROVIDERS OR OTHER THIRD-PARTY SERVICES INTEGRATED WITH THE PLATFORM, INCLUDING THEIR AVAILABILITY, PERFORMANCE, TERMS, POLICIES, OR SECURITY PRACTICES.

8.3 No Professional Advice

Output generated or edited by the Services does not constitute legal, financial, medical, or other professional advice. You should seek independent professional advice before relying on any Output for such purposes.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• ZENDUX AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• ZENDUX AI SHALL HAVE NO LIABILITY FOR ANY CLAIMS OR DISPUTES ARISING FROM OR RELATING TO YOUR INPUT, OUTPUT, OR USE, MODIFICATION, OR DISTRIBUTION OF OUTPUT, OR FROM FAILURES OR ERRORS OF THIRD-PARTY AI PROVIDERS.

9.1 Liability Cap

IN NO EVENT SHALL ZENDUX AI’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO ZENDUX AI IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

The limitations in this Section 9 apply to all causes of action, whether based on contract, tort (including negligence), strict liability, or any other legal theory, and regardless of whether any remedy fails of its essential purpose.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Zendux AI and its officers, directors, employees, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• your Input or Customer Materials;
• your use, distribution, or publication of any Output (AI-generated or not);
• your breach of these Terms;
• your violation of applicable laws or regulations;
• your violation of any third-party rights, including intellectual property or privacy rights;
• your misuse of any part of the Services, including AI Tools, non-AI creative features, or Third-Party AI Provider services.

Zendux AI is under no obligation to indemnify you or defend you against any third-party claim.

11. CONFIDENTIALITY

Each party (“Receiving Party”) may receive confidential or proprietary information from the other party (“Disclosing Party”) in connection with the Services (“Confidential Information”). The Receiving Party agrees to:

• use Confidential Information solely to perform its obligations under these Terms;
• not disclose Confidential Information to any third party except as permitted in these Terms;
• protect Confidential Information using at least reasonable care.

Confidential Information does not include information that:

• is or becomes publicly available through no breach by the Receiving Party;
• was lawfully known to the Receiving Party before disclosure;
• is received from a third party without breach of any obligation;
• is independently developed without use of the Disclosing Party’s Confidential Information;
• must be disclosed under law or court order, provided the Receiving Party gives prompt notice (where legally permitted).

12. DATA PRIVACY AND SECURITY (LGPD)

12.1 Compliance

Zendux AI processes personal data in accordance with the Brazilian General Data Protection Law (Lei Geral de Proteção de Dados – LGPD) and other applicable data protection laws, to the extent they apply.

12.2 Legal Basis

Personal data is processed primarily on the following legal bases:

• performance of a contract or preliminary procedures (LGPD art. 7, V);
• legitimate interest (LGPD art. 7, IX), such as product improvement, security, and analytics;
• compliance with legal or regulatory obligations.

12.3 International Transfers

Personal data may be transferred to countries outside Brazil, including the United States and others where Third-Party AI Providers, hosting providers, and other vendors are located. Such transfers are carried out in accordance with LGPD requirements (arts. 33–36), using appropriate safeguards where required.

12.4 Data Subject Rights

Data subjects may have rights under LGPD, including access, correction, deletion, restriction, portability, information about data sharing, and withdrawal of consent (where applicable). Requests may be submitted to: email@zenduxai.com.

12.5 Data Protection Officer (DPO/Encarregado)

Our Data Protection Officer (Encarregado) can be contacted at: email@zenduxai.com.

13. GENERAL PROVISIONS

13.1 Entire Agreement

These Terms constitute the entire agreement between you and Zendux AI regarding the Services and supersede all prior or contemporaneous agreements, understandings, or communications.

13.2 Amendments

We may modify these Terms from time to time. We will post updated Terms on our website and/or notify you by email or in-product notice. Your continued use of the Services after the effective date of revised Terms constitutes your acceptance of them.

13.3 Governing Law

These Terms are governed exclusively by the laws of Brazil, without regard to conflict of law principles.

13.4 Jurisdiction

Any dispute arising out of or relating to these Terms or the Services shall be submitted to the exclusive jurisdiction of the courts of Salvador, Brazil, and you consent to such jurisdiction and venue.

13.5 Dispute Resolution

Before initiating legal proceedings, the parties will attempt in good faith to resolve any dispute through negotiation for at least 30 days.

13.6 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets.

13.7 Force Majeure

Neither party shall be liable for any delay or failure in performance due to events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or network failures, or outages of Third-Party AI Providers or cloud infrastructure providers.

13.8 Export Compliance and Sanctions

You agree to comply with all applicable export control and economic sanctions laws. You may not use the Services if you are located in a country or territory subject to comprehensive sanctions or if you are a sanctioned or restricted party under laws of Brazil, the United States, the European Union, or other relevant jurisdictions.

13.9 Relationship of the Parties

The parties are independent contractors. These Terms do not create any partnership, joint venture, agency, or employment relationship.

13.10 Notices

Legal notices to Zendux AI must be sent to: email@zenduxai.com. Notices to you may be sent to the email address associated with your Account or provided via in-product notifications.

13.11 No Third-Party Beneficiaries

These Terms are intended solely for the benefit of you and Zendux AI and do not create any rights for any third party.

14. CONTACT INFORMATION

E-mail: email@zenduxai.com
Website: https://zenduxai.com