Sagui.AI Terms of Use

Revision: June 1, 2024.

Welcome to the Sagui.AI Terms of Use! Thank you very much for choosing our services.

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary to protect both us and you, and to make our services possible and more efficient for everyone. Sagui.AI offers a wide variety of services and features, and some of the terms below may not be relevant to the specific services you use.

1. Introduction

1.1. Our Objective

Our Services provide our Users (as defined below) with the ability to easily create a functional and impressive online presence, manage and promote their business, content and ideas, and have a great experience in the process, even if they are technology, marketing or design novices. As detailed below, we provide our Users with a variety of tools and resources to help them create, publish and use stunning websites, newsletters, galleries, video players, apps and other online and mobile applications, tools and services. The functionalities, websites and online and mobile platforms created by Users are collectively referred to herein as the “User Platform(s)”.

1.2. Legal contract

These Sagui.AI Terms of Use (“Terms of Use”), together with additional terms specifically applicable to some of our services and features, as presented on the Sagui.AI website (hereinafter the “Sagui.AI Website” and collectively “Sagui.AI Terms”), collectively comprise the entire body of terms and conditions applicable to each visitor or User (hereinafter the “User” or “you”) of the Sagui.AI Website, the Sagui.AI mobile application (the “Sagui.AI App”) and/or any other service, application or feature offered by Sagui.AI, in connection therewith unless otherwise specified by Sagui.AI (all services offered through the Sagui.AI Website or the Sagui.AI App, collectively – “Sagui.AI Services” or simply “Services”). For clarity, Sagui.AI Services (as defined in these Terms of Use) do not include services, applications, features or components that were created, developed, connected to or offered by a Sagui.AI User, even if presented on the Sagui.AI Website or the Sagui.AI App.

The Sagui.AI Terms constitute a binding and valid agreement between the company Sagui.AI. Website Builder Ltda. and its affiliated companies and subsidiaries worldwide (“Sagui.AI” or “we”) and you in relation to the use of any Sagui.AI Services. Therefore, please read them carefully.

You may visit and/or use the Sagui.AI Services and/or the Sagui.AI App only if you fully agree to the Sagui.AI Terms and, by using and/or registering for any Sagui.AI Services, you represent your affirmation and free and informed consent to these Terms of Use and any other Sagui.AI Terms applicable to your use of the Sagui.AI Services. If you have not read, fully understood or do not agree to the Sagui.AI Terms, you must immediately exit the Sagui.AI Website and refrain from or cease any use of the Sagui.AI Services or the Sagui.AI App.

By using our Services, you also acknowledge that you have read our Privacy Policy available at our Privacy Policy. By visiting our website or using our applications and/or services, the User will be entering into a legal contract with us, which consists of these Terms of Use, and our additional legal terms for the provision of services.

By using our services, the User grants his/her consent to these terms and acknowledges that he/she has read our Privacy Policy. The User may not use our services if he/she does not agree with all of our terms.

1.3. User Account

In order to access and use the Sagui.AI Services, you must first register and create an account with Sagui.AI (“User Account”). The creation of a User Account or the purchase of Paid Services (as defined in Section 6 below) may be done directly through the Sagui.AI Website or through a third party authorized to sell Sagui.AI subscriptions for User Accounts and other Paid Services (a “Reseller”) under a separate agreement with Sagui.AI (a “Reseller Agreement”).

If you register for Sagui.AI Services or purchase Paid Services via a Reseller (hereinafter “Reseller User”), please consider the following:

  • These Terms of Use apply in addition to any agreements between you and the Reseller and govern your use of the Sagui.AI Services;
  • With respect to the agreement between you and Sagui.AI, for your relationship with Sagui.AI and unless otherwise stated in these Terms of Use, these Terms of Use supersede any agreements between you and the Reseller relating to your use of the Sagui.AI Services and/or activities in your User Account (or the User Account to which you have been added);
  • Certain services, applications and features of the Sagui.AI Services may not be available to you or may only be available through the Reseller platform.

1.4 Account Access; Roles and Permissions

You may invite others to your User Account and your User Platforms and assign them certain roles and permissions to perform certain activities on your User Account or your User Platforms.

A person who is granted permission to perform activities on a User Account of which that person does not own it shall hereinafter be referred to as a “Contributor”.

If any person other than you (including Contributors) accesses your User Account and/or any of your User Platforms’ settings, they may also (and if done by a “Contributor”, depending on the roles and permissions assigned to such person by you) perform actions available to you (unless otherwise specified in the Sagui.AI Services), make changes to your User Platform(s) and User Account and accept any legal terms contained therein, make various representations and warranties, among others, and all such activities will be deemed to have occurred on your behalf as the owner of the User Account, whether specifically authorized by you or not.

Therefore, we strongly recommend that you (i) keep your User Account access credentials confidential and (ii) only allow access to your User Account to people you trust, as you will be considered solely and fully responsible for all activities carried out under your User Account and/or User Platforms (including any representations, warranties and commitments made by any Contributor) and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using the Sagui.AI Services. We strongly recommend that you provide your own (or your company’s, as applicable) contact information and billing details, including your valid email address, as we may use this information to identify and determine the actual owner of the User Account and/or User Content (as defined below) that you submit to Sagui.AI.

If you are a Contributor, you must register and create your own User Account to access the User Account in which you are a Contributor. Therefore, these Terms of Use also apply to Contributors.

If you are a Reseller User, depending on the agreement between you and the Reseller, such Reseller may be the owner of the User Platform and you may be invited by the Reseller as a Contributor to such User Platform.

If you are invited to use a User Platform as a Contributor or are a Reseller User, you acknowledge that the owner of such User Platform and/or the Reseller (i) will have unrestricted access to any information (including personal information) that is stored by you or on your behalf on such User Platform; and (ii) will have all rights and functionality granted to an owner of a User Account, with respect to such User Platform.

1.5 Account Ownership

For each User Platform, Sagui.AI will consider the owner of such User Platform to be the person or entity whose email address is listed in Sagui.AI's records as the owner of the User Account under which the User Platform was created.

In the event of a dispute over ownership of a User Account, we reserve the right to determine ownership of a User Account based on our reasonable judgment, whether or not we conduct an independent investigation.

2. User obligations

2.1. The user declares and guarantees that:

  • you are at least eighteen (18) years of age, or sixteen (16) years of age if you are an individual resident in the European Union (EU), or of legal age in your jurisdiction and have the authority, right and legal freedom to enter into the Sagui.AI Terms and to form a binding agreement, for yourself or on behalf of the person or entity bound by the Sagui.AI Terms;
  • you are not, in principle, a resident of, and will not use or distribute the Sagui.AI Services or Sagui.AI App in, any country or region subject to national or regional embargoes implemented by the US. You also confirm that you are not included on any sanctions list, including but not limited to the Specially Designated Nationals and Blocked Persons List (SDN) maintained by the US (“SDN List”), or any other applicable sanctions list maintained by the US, the UK or any other country, and that a Sanctioned Party does not own 50 percent or more of your entity, and your entity is not controlled by such party (“Sanctioned Party”). You also confirm that you will not use or distribute the Sagui.AI Services or Sagui.AI App directly or indirectly for or for the benefit of a Sanctioned Party. You agree to indemnify Sagui.AI against any losses, including but not limited to monetary penalties and attorneys' fees, that Sagui.AI may incur if you violate any of the above confirmations regarding your status as an unsanctioned person or entity;
  • your country of residence and/or the country of incorporation of your company is the same as the country specified in the contact and/or billing address provided to us;
  • You understand that Sagui.AI does not provide any legal advice or recommendations regarding any laws or requirements applicable to your or any of your End Users' use of these Services, or your compliance therewith; And specifically regarding User Content:
  • you confirm that you own all rights to any content uploaded, developed or provided by you, or imported, linked to, copied or uploaded to the Sagui.AI Services by you, on your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, codes, algorithms, SPIs, APIs, databases, illustrations, compositions, artwork, interfaces, usernames, information provided by you to create a subdomain name, texts, literary works and any other materials (“Content”), or you have (and will continue to have) full power, title, licenses, consents and authority over the User Content as required to lawfully access, import, copy, use, link to, develop, publish, transfer or license such User Content, by you, us or our affiliates;
  • you have (and will maintain) full power, title, licenses, consents and authority to allow the Sagui.AI Services or the Sagui.AI App to access any websites, web pages and/or other online services, for the purpose of importing, exporting, copying, displaying, uploading, publishing, transmitting and/or using your User Content;
  • User Content is (and will continue to be) truthful, up-to-date, accurate, does not violate any third party rights and its recording, importing, copying, possession, posting, transmission, display or otherwise use by the user cannot in any way be considered unlawful in the country in which the user and/or visitors and users of its User Platform (hereinafter “End Users”) who will access the content reside, as well as the access, importing, copying, recording, use or possession by Sagui.AI and/or End Users linked to the Sagui.AI Services;
  • has obtained all authorizations and permissions required by applicable laws, in relation to the posting, transmission and publication of any information or personal image or likeness of any person, entity or property that is part of the User Content, and undertakes to observe the laws that apply to the respective content and use;
  • You will comply with and adhere to the Sagui.AI Content Guidelines, which describe the Content that is permitted and prohibited on our Service.

2.2. The user agrees and undertakes to:

  • fully comply with all applicable laws and any other contractual terms governing your use of the Sagui.AI Services (and any related interactions or transactions), including specific laws applicable to you or your End Users in any geographic location;
  • be solely responsible for any use of the Sagui.AI Services that may occur in your User Account and/or User Platform(s), as well as for any part of your User Content (including any consequences for accessing, importing, sending, copying, using or publishing the User Content or in relation to the Sagui.AI Services);
  • regularly and independently record and back up all of your user content and information processed by you in connection with the User Platform, including that relating to End Users, User Products and any third party applications and/or Services used;
  • receive regular promotional messages and materials from Sagui.AI or its partners, by mail, email or any other form of contact provided by the User (including the telephone number provided for voice or text messages). If the User does not wish to receive such notices or promotional messages, simply notify Sagui.AI at any time;
  • allow Sagui.AI to use on a permanent, worldwide and free basis, any version of the User Platform (and any part thereof) for any promotional or marketing activity of Sagui.AI, online and/or offline, and to modify it as appropriate for this purpose, and further waives any claim against Sagui.AI or any person acting on its behalf, in relation to any moral right, artistic right or any other similar right, present, past or future, worldwide, to which the user may be entitled by virtue of its User Platform and in relation to the limited use permitted therein;
  • abide by Sagui.AI’s sole discretion regarding the means, formats and methods of execution of the Sagui.AI Services, including those relating to the hosting, transmission, publication and/or display of any Platform and/or User Content (including the publication and presentation of any advertising or commercial content relating to such resources);
  • Sagui.AI shall have the right to offer the Sagui.AI Services under different pricing plans and impose different restrictions on the uploading, storage, downloading and use of the Sagui.AI Services under each pricing plan, including, but not limited to, restrictions on network traffic and coverage, size and/or length of Content, quality and/or format of Content, sources of Content, the amount of download time, number of subscribers to your Content, storage volume, etc.

2.3. The User agrees and undertakes not to:

  • copy, alter, reuse, derive works from, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Sagui.AI Website, the Sagui.AI Services (or any part thereof), any Content offered by Sagui.AI or third-party Services for use and display on the User Platforms (hereinafter “Licensed Content”) and/or any part thereof, in any way, or publicly disclose, perform, transmit or distribute any of the above, without the prior written authorization of Sagui.AI and the specific and/or express consent under the terms determined by Sagui.AI;
  • use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
  • phish, collect, upload or make available credit card information or other forms of financial data used to collect payments, unless done in accordance with any applicable law, including the PCI DSS standard where applicable;
  • publish and/or use the Sagui.AI Services or the Licensed Content on any website, media, network or system other than those under the responsibility of Sagui.AI, and/or portray, “deep link” or “page scrape”, mirror and/or create a browser or delimited environment based on any Sagui.AI Service, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Sagui.AI in advance and in writing;
  • act in a manner that may be considered harmful to Sagui.AI's reputation and its good faith or that may denigrate or harm Sagui.AI's image;
  • purchase keywords from search engines or pay-per-click (such as Google AdWords), or domain names that use Sagui.AI or Sagui.AI trademarks and/or variations with or without intentional errors of the latter;
  • reverse search, crawl or attempt to crawl another user's Sagui.AI Services, or otherwise interfere with or violate another User's right to privacy or other rights, or obtain or collect data that identifies visitors or users of the Sagui.AI Services and/or the User Platform, without their express and conscious permission;
  • disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Sagui.AI Services, the User Platform, other users' accounts), or any other system or network connected to the Sagui.AI Services, by hacking, mining passwords or in any other illegal or prohibited manner;
  • perform probing, scanning or vulnerability testing of the Sagui.AI Services or any network connected to the Sagui.AI Services;
  • perform any act that imposes an unreasonable or disproportionately large load on the infrastructure of the Sagui.AI Services or the systems or networks of Sagui.AI or connected to them, or otherwise interferes with or tampers with the operation of any Sagui.AI Service or the servers or networks that host them, or violates any requirement, procedure, policy or standard of such servers or networks;
  • use any of the Sagui.AI Services or Sagui.AI Systems for video storage and/or streaming (whether streaming is the primary purpose or not). For example, create or operate websites whose primary purpose is video streaming or file storage. Including indirect use, through integration or connection with third-party platforms and services;
  • access to Sagui.AI Services, User Accounts, Licensed Content and/or User Content, through any means or technologies (such as data collection and tracking (web scraping and crawling) other than publicly supported platforms);
  • sell, license or exploit for any commercial purpose any use of or access to Licensed Content and/or Sagui.AI Services, except as expressly permitted in the Sagui.AI Terms;
  • remove or alter any copyright notices, watermarks, restrictions and signs indicating exclusive proprietary rights of any of our licensors, including the copyright symbol [©], Creative Commons indicators [(cc)] or registered trademarks [® or ™] contained in or accompanying the Sagui.AI Services and/or Licensed Content; or
  • violate, attempt to violate, or fail to comply with any Sagui.AI Terms or laws or requirements applicable to your use of the Sagui.AI Services;
  • access or use the Services for market research or similar competitive analysis purposes or to create a competing product or service. You acknowledge and agree that your failure to comply with any of the foregoing provisions or to make any material misrepresentation hereunder may result in immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of any amounts paid for any Services.

3.1. User's intellectual property

As between you and Sagui.AI, you shall own all intellectual property rights in your User Content and any other material created, developed or connected to the Sagui.AI Services by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artwork, codes, algorithms, SPIs, APIs, databases, interfaces, text and literary works. Sagui.AI does not claim any ownership rights in your User Content or the content connected by you to the Sagui.AI Services. You acknowledge and agree that in order to provide the Services to you and to maintain and improve the Services (the “Purpose”), we will need to access, upload and/or copy your User Content to our platform, including cloud services and content delivery networks (CDN), to perform display adjustments, train our software tools (e.g. artificial intelligence and machine learning models), duplicate for backup and perform any other actions and/or uses necessary to perform our services, as we deem necessary. You hereby grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use your User Content for the Purpose.

3.2. Sagui.AI Intellectual Property

All rights, title and interest in and to the Sagui.AI Services, including any and all copyrightable material or any other content of the kind that is or may become the subject of any intellectual property right under any applicable law including any works of art, graphics, images, websites, templates and widgets, literary works, fonts and object codes, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Sagui.AI Services, methods, products, algorithms, data, interactive features and objects, advertising and shopping tools and methods, inventions, trade secrets, logos, domains, personalized URLs, trademarks, service marks, trade names and other unique identifiers, whether or not registered and registrable (hereinafter collectively, “Intellectual Property”), and any derivatives thereof, are owned by and licensed to Sagui.AI.

Subject to full compliance with the Sagui.AI Terms and timely payment of all applicable Fees, Sagui.AI hereby grants you, upon creation of your User Account and for such period as Sagui.AI determines, a non-exclusive, non-transferable, non-sublicensable, fully revocable and limited license to use the Sagui.AI Services and the Licensed Content, for the purposes of generating and displaying the User Platform to End Users and to offer your User Products (as defined below) on this website, solely in the manner expressly permitted by the Sagui.AI Terms, and solely within the scope of the Sagui.AI Services.

The Sagui.AI Terms do not grant any right or interest in Sagui.AI's Intellectual Property.

4. Privacy

Certain parts of the Sagui.AI Services (including certain third-party Services available on the Sagui.AI Services) require the submission, collection and/or use of certain personally identifiable information. In particular, and as part of accessing or using the Sagui.AI Services, Sagui.AI and third-party services may collect, access and use certain data belonging to Sagui.AI and End Users, including the activities or browsing data of Users and End Users, through the Sagui.AI Services and User Platforms. We encourage users to read our Privacy Policy and the policies of third-party services regularly to learn about the terms of such data collection and data use practices.

5. AI Services

As part of the Sagui.AI Services, Sagui.AI may provide you with access to artificial intelligence and machine learning tools and products that will help you build your User Platform by generating Content (the “AI Tools”). In addition, Sagui.AI may provide you with access to artificial intelligence and machine learning tools and products for you to enable and offer your end users the option to interact with AI (“AI Products” and, with AI Tools, “AI Services”). This section applies only to the extent that the AI ​​Services are used by you as part of the Sagui.AI Services.

5.1. Input and Output.

The AI ​​Services allow you or your End Users to input, provide, or submit a prompt (in the form of text, image, or otherwise) (an “Input”) into the AI ​​Services and thereby direct the AI ​​Services to generate Content as output (an “Output”).

5.2. Output Accuracy.

The nature of AI technology is such that it is difficult to control and predict outputs. As such, Sagui.AI does not represent or warrant that the Outputs generated by the AI ​​Services will meet your or your End Users’ needs or expectations, and we disclaim all liability for the accuracy, completeness, relevance, intellectual property compliance, legality, decency, quality, fairness or any other aspect of such Output. This may be the case, for example, in cases where the generated Output is related to medical, legal or financial matters. The Output may also violate another person’s rights, such as privacy or intellectual property rights. The Output may not be unique to you or your End Users, and other Users of the AI ​​Services may generate their own Output that is identical or similar to the Outputs that may be generated for you or your End Users. Accordingly:

  • You are responsible for reviewing all AI Tool Outputs before using, publishing, transmitting or displaying any Output in any manner, and for ensuring that you are legally permitted to use such Outputs;
  • You should treat the Output as a mere suggestion and decide in your sole discretion whether or not it represents your views, serves your purpose, and conveys the message you intend to convey;
  • You are responsible for informing your End Users, if and when required by applicable laws and regulations, of any restrictions, limitations or obligations that End Users must comply with when using AI Product Outputs, including the need to review the Output before using it;
  •  You acknowledge that the Outputs generated do not represent the opinions of Sagui.AI.

5.3. Your Entry

You agree that your and your End Users’ Submissions will be considered User Content (as defined above), and the Terms will apply, to the extent permitted by applicable law, to all such Submissions as if they were User Content.

5.4. Output Ownership.

If you choose to use, post, transmit, or otherwise display any Output, it will be considered your User Content (as defined above), and the Terms will apply, to the extent permitted by applicable law, as if it were User Content. As between you (or your End Users) and Sagui.AI, Sagui.AI does not claim any ownership rights in the Output, to the extent that the Output does not contain any pre-existing intellectual property owned by Sagui.AI.

5.5. License granted to Sagui.AI.

To the extent a license is required by applicable laws and regulations, and in addition to the license you grant to us under Section 3.1 above, you also grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to: (a) access, upload, copy, create and display tweaks, train our software tools, duplicate and perform any other action and/or technical use with your (and your End Users’) Input and Output to: improve the Sagui.AI Services; review Input and Output for compliance with applicable laws and enforce the Terms; and (b) provide copies of your (and your End Users’) Input and Output to our Third Party Services or to our subcontractors as necessary to provide our Users with the Sagui.AI Services.

5.6. Third Party Services.

Sagui.AI may use Third Party Services to provide AI services to you.

6. Service fees

6.1. Paid Services

Your use of certain Sagui.AI Services may be subject to the payment of certain fees, as determined by Sagui.AI in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Important: If you are a Reseller User and your payment is made to the Reseller, the provisions of subsections 6.1 (1), 6.1 (4), 6.2, 6.3 (2), 6.4 (1) and 6.5 of this Section 6 relating to such specific Paid Service may not apply to you, and payment and management of such Paid Service shall be made directly to the Reseller in accordance with the terms agreed upon between you and the Reseller.

  • Sagui.AI will notify you of the then-current Fees, and you must pay them directly to Sagui.AI in connection with the Paid Services you choose to purchase from Sagui.AI. If you wish to receive or use the Paid Services, you must pay all applicable Fees in advance;
  • Sagui.AI reserves the right to change its Fees at any time and at its sole discretion. Sagui.AI will provide you or your Reseller with notice of the change if such change affects your existing subscriptions;
  • If you receive a discount or other promotional offer, whether from Sagui.AI or a Reseller, Sagui.AI or the Reseller, respectively, shall have the right, at the end of the applicable discount period, to automatically and without prior notice to you, renew your subscription to such Sagui.AI Service(s) at the then-current full applicable Fee;
  • All Fees paid directly to Sagui.AI will be in U.S. dollars, unless otherwise stated in writing by Sagui.AI. To the extent permitted by law (and unless otherwise specified by Sagui.AI in writing), all Fees are exclusive of taxes (including value added taxes, sales taxes, goods and services taxes, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you will be responsible for payment of all applicable Taxes relating to your use of the Sagui.AI Services or any payments and purchases made by you. If Sagui.AI is required to collect or pay Taxes on Fees owed by you, whether or not such Taxes were added to the Fees and collected from you in prior transactions, such Taxes may be added to the payment of any outstanding Fees and will be included in the applicable Invoice for such transaction. We recommend that you check for any additional fees that may be charged by third parties in connection with the purchase of Paid Services or in connection with their renewal (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). Sagui.AI is not responsible for any such additional fees or costs;
  • If you purchase Paid Services directly through Sagui.AI, as part of registering or submitting information to receive Paid Services, you also authorize Sagui.AI (whether directly or through its affiliates, subsidiaries or authorized third parties) to request and collect payments and service fees (or charge, refund or take any other billing action) from your payment service provider or your designated bank account and to make any inquiries deemed necessary by Sagui.AI or its affiliates to validate your designated payment account or financial information, including to receive updated payment details from your payment service provider, credit card issuer or banking institution (e.g., updated expiration date or card number as may be provided to us by your credit card issuer);
  • You must maintain a credit card on file with Sagui.AI to pay for your Paid Services (“Saved Card”) that are purchased directly from Sagui.AI. You will be able to identify your Saved Card by its last four digits on your Account Settings Page;
  • Payment for the services grants the user a license to use the software in SaaS format. Access to the services is guaranteed as long as payments are up to date. In the event of default, use of the services will be suspended.

Sole Paragraph: When contracting a Website Customization service worth US$ 1,000 or more, the CONTRACTING PARTY may continue using the website, even without subscribing to the platform, upon payment of a minimum hosting fee of US$ 29 per month, adjusted annually based on the variation of the IGP-M (General Market Price Index). Payment must be made solely and exclusively by credit card. However, the website source code will remain the exclusive property of the Sagui.AI platform and may not be downloaded or hosted on external servers under any circumstances. Failure to pay the hosting fee will be considered default, resulting in interruption of the service within 7 (seven) days.

6.2. Invoices

If you are a Reseller User and pay the Reseller and not Sagui.AI directly, this Section 6.2 does not apply to you.

Sagui.AI and its affiliated companies will issue an invoice or credit memo for any payment of Fees or refunds made to or by Sagui.AI (“Invoice”). Each Invoice will be issued electronically and based on the country stated in your billing address and will be available to you via your User Account and/or email. In order to issue the Invoice, you may be required to provide certain Personal Information (as defined in the Privacy Policy) to comply with local law. Please note that the Invoice presented in your User Account may be insufficient to meet the requirements of local law. In such case, it may be used for formalization purposes only.

6.3. Automatic subscription renewal

  • To ensure that you do not experience any interruption or loss of service, certain Paid Services include an automatic renewal option by default, whereby, unless you or your Reseller disable the automatic renewal option, such Paid Services will automatically renew at the end of the applicable subscription period (not including extended periods) and, unless otherwise notified to you (by Sagui.AI or your Reseller), at the same price (subject to applicable Taxes and not including any discounts or other promotional offers available in the first period) (“Paid Services Renewal”). For example, if your original subscription period for a Service is one month, each of your renewal periods (as applicable) will be one month;
  • Similarly, where applicable and with respect to Fees paid directly to Sagui.AI, Sagui.AI will attempt to automatically charge you for the applicable Fees using the Saved Card within one or two (2) weeks prior to the start of the renewal period. If the collection of Fees owed by you fails, we may, in our sole discretion (but without obligation), attempt to charge you again on a later date and/or suspend or cancel your User Account, without further notice. If your Renewable Paid Service is subject to an annual or multi-year subscription period, Sagui.AI will attempt to provide you with notice prior to the renewal of such Paid Service at least thirty (30) days prior to the renewal date;
  • By agreeing to these Terms of Use and purchasing a Renewable Paid Service, you acknowledge and accept that the renewal of that service will be carried out automatically in accordance with the terms above;
  • You (or the Reseller from whom you purchased the Paid Services) may disable the automatic renewal option for services at any time through your User Account.;
  • Notwithstanding anything to the contrary in the foregoing, you are, and will be, solely responsible for verifying and ensuring the successful renewal of the Sagui.AI Services you use (whether or not such Sagui.AI Services are subject to automatic subscription renewals). Likewise, you will be solely responsible in relation to any discontinuation of any Sagui.AI Services previously purchased by you, including due to cancellation, non-payment of applicable recurring Fees, or due to any Sagui.AI Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall have no claim against Sagui.AI in relation to the discontinuation of any Sagui.AI or third party Services for any reason whatsoever.

6.4. Money Back Guarantee

If you are a Reseller User and pay the Reseller and not directly to Sagui.AI, Section 6.4 does not apply to you.

  • If you are not satisfied with your initial purchase of a Premium Plan, you may provide notice of cancellation for any reason within fourteen (7) days of placing your order or activating such Premium Plan (the “Refund” and “Refund Period”). The Refund applies only to the initial purchase of a Premium Plan that is an upgrade from a free website. The Refund does not apply to any additional purchases, upgrades, modifications or renewals of Sagui.AI Services. If your place of residence has a jurisdiction that requires a longer Refund Period, we will comply with such requirements in accordance with all applicable laws. If Sagui.AI receives such notice within the Refund Period, Sagui.AI will refund the full amount charged to you by Sagui.AI for such Sagui.AI Services, in the currency in which you were initially charged, and cancel the services. Please note that the Refund amount may differ from the total amount you were charged due to currency fluctuations and third party fees. Sagui.AI is not responsible for any differences caused by fluctuating exchange rates or fees charged to you by third parties. After the Refund Period, Fees paid by you will not be eligible for refund or cancellation. In addition, if we determine that a cancellation notice was sent by a User in bad faith or in an illegitimate attempt to avoid paying for services actually performed, we reserve the right to charge the User for any Sagui.AI Services actually performed, as permitted by applicable law;
  • Please note: Certain services purchased on or through the Sagui.AI Services may not be eligible for refunds. These include Third Party Services, such as domains, business tools, and applications. The terms of each service or application purchased are set forth on the Sagui.AI Site and/or as part of or during the purchase process for such services or applications. It is your responsibility to review the cancellation and refund policy of a service prior to purchasing it. Sagui.AI will not refund amounts paid for non-refundable Paid Services, applications, or Third Party Services.

6.5. Chargeback

If, at any time, Sagui.AI records a refusal, Chargeback or other rejection of a charge for any Fees due on your Sagui.AI account ("Chargeback"), this will be considered a default of your payment obligations under this agreement and the right to use the Sagui.AI Services may be automatically deactivated or terminated.

In the event of a successful Chargeback, the User Account may be blocked without the option of repurchase or reuse, and all data contained in that User Account, including any domain, application or Third Party Service, will be subject to cancellation and loss of capacity (as defined in Section 6.3 below).

The user's use of the Sagui.AI Services will not be reinstated until a new subscription is made for the Sagui.AI Services and the applicable Fees are paid again, including any fees or expenses incurred by Sagui.AI and/or third parties as a result of such Chargeback (including Fees for Sagui.AI Services provided prior to such Chargeback, handling and processing Fees and charges by the payment processor).

In case of doubts or questions regarding payments made to Sagui.AI, we encourage the user to first contact our Customer Service, before contacting any institution to carry out Chargebacks or reverse payments, in order to avoid the cancellation of Sagui.AI Services and the blocking of the user's Account, as well as to avoid the execution of an undue or erroneous Chargeback, which could result in the user being held liable for the costs incurred, in addition to the corrected payment of all Fees applicable to the Sagui.AI services purchased (and Chargeback) by the user.

Sagui.AI reserves the right to contest any Chargeback received, including providing the financial institution or credit card administrator involved with any information and documentation that proves that the user is in fact responsible for the amounts unduly refunded for having authorized the respective transaction and having in fact used the respective services provided subsequently.

7 Cancellation

7.1. Cancellation by the user

You may discontinue use of and request cancellation of your User Account and/or any Sagui.AI Service at any time, in accordance with the instructions available on the Sagui.AI Services. The effective date and time of cancellation will be the date and time you complete the cancellation process on the Sagui.AI Services website, and the effective date of cancellation for Paid Services will be the end of your Paid Services subscription period. Notwithstanding the foregoing, any Paid Services (including Renewable Paid Services) purchased from a Reseller are subject to such cancellation terms as agreed between you and your Reseller.

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewable Paid Services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already paid. Please note that, since the cancellation process may take a few days, in order to avoid the next automatic renewal and the corresponding charge, the cancellation request must be made at least 14 (fourteen) days before the expiration date of the then-current period of services and, if purchased and paid for from a Reseller, in accordance with the provisions of your agreement with the Reseller.

For information about canceling Paid Services you purchased from a Reseller, please contact your Reseller.

7.2. Cancellation by Sagui.AI

Failure to comply with any Sagui.AI Terms and/or any payment due will give Sagui.AI the right to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Sagui.AI Services (e.g. Paid Services) or Third Party Services used by you. If you open a User Account through a Reseller or purchase Paid Services through a Reseller, Sagui.AI shall have the right to suspend, terminate or block access to your User Account and User Platform (or certain features thereof), as well as the provision of any Sagui.AI Services or related Third Party Services, and if: (a) your Reseller requests Sagui.AI to do so; or if (b) the Reseller fails to pay Sagui.AI any amounts due to Sagui.AI under the Reseller Agreement. You consent to these suspension and termination rights and acknowledge and agree that Sagui.AI shall have no liability to you in connection with such suspension or termination. Your sole remedy in connection with such suspension or termination shall be against the Reseller.

7.3. Loss of data, content and capacity

If your User Account or any Sagui.AI Service or Third Party Service related to your User Account is terminated (whether at your request or by Sagui.AI), this may result in the loss of content, features or capacity of your User Account, including any User Content, End User data or other usage data stored in your account, and including any domain name reservations or registrations included in the respective services (hereinafter, “Capacity Loss”). Sagui.AI is not responsible in any way for such Capacity Loss or for performing backups of your User Account, User Content or End User data. Please also note that additional fees may apply for the reactivation of a User Account and/or any Sagui.AI Service after termination, as determined by Sagui.AI in its sole discretion. Upon termination of your User Account or User Platform, Sagui.AI reserves the right to delete all data in the normal course of business. Data cannot be recovered once your User Account or User Platform is terminated.

7.4. Copyright

Sagui.AI acts in accordance with its interpretation of the Digital Millennium Copyright Act (hereinafter the "DMCA"). If you believe that your work has been copied or used in a way that constitutes copyright infringement, you may notify Sagui.AI of such infringement by using the contact forms on the website containing the following information in writing: (1) contact information for the person authorized to act on behalf of the copyright owner; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim is infringing or to be the subject of infringing rights and that is to be removed or access to which is to be disabled, with information reasonably sufficient to permit Sagui.AI to locate it (including the URL); (4) a statement by you that you are acting in good faith and that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate, under penalty of perjury, and that you are the copyright owner or authorized to act on behalf of the owner of the copyright that has allegedly been infringed.

8. Disclaimer of Warranties

Sagui.AI provides the Sagui.AI Services “as is,” “with all faults,” and “as available,” without warranty of any kind, including without any implied warranty or condition of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty, to the extent permitted by law. Sagui.AI specifically does not represent or warrant that the Sagui.AI Services (or any part, feature, or content thereof) are complete, accurate, reliable, safe, or of a certain level of quality, or that they are in any way suitable or compatible with any type of activity, device, operating system, browser, software, or tool contemplated by the user (or its end users), or that they will remain as they are for any period of time or that they will comply with any law applicable to the user or its end users (including any jurisdiction in which they operate), or that their operation will be free of viruses, worms, or any other similar components or program limitations. Furthermore, Sagui.AI does not endorse any entity, product or service (including any third party service) mentioned or made available on the Sagui.AI Services - therefore requesting the user to verify them before using or contracting.

Sagui.AI may, at its sole discretion (without, however, having any obligation in this regard), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without prior notice.

Notwithstanding anything to the contrary herein, under no circumstances may Sagui.AI be considered a “publisher” of any User Content, endorse any User Content, and shall not be liable for any User Content uploaded, published, posted and/or made available by any user or third party through the Sagui.AI Services, regardless of the use or user, for any damages, deletions or losses related to the content or caused by users, or any damages, costs or losses incurred or suffered by users or third parties as a result of user content published, accessed and/or used in good faith. In addition, Sagui.AI shall not be liable for any error, defamation, slander, falsehood, obscenity, pornography, incitement and/or any other type of user content that violates laws and rights found by users or third parties.

You acknowledge that there are risks in using the Sagui.AI Services and/or in connection with them and/or in transacting through them or any Third Party Services through or connected to Sagui.AI, and that Sagui.AI cannot and does not make any guarantees regarding the results of using and/or interacting with such services. You hereby assume all such risks, liabilities and/or damages of any kind arising from or resulting from such interactions. Such risks may include, but are not limited to, misrepresentation of information on and by Third Party Services and Licensed Content, breach of warranties and contracts, violation of rights, and claims arising therefrom.

Sagui.AI does not recommend the use of Sagui.AI Services as a host for personal content and will not assume any obligation regarding the security or integrity or any risk related to violations or damage to such content.

Please note that certain Sagui.AI Services are currently offered in BETA and are in a testing phase. You acknowledge and agree that certain Sagui.AI Services may contain software errors, may be interrupted, and may not function as expected or intended. Your use of Sagui.AI Services in BETA stage means that you agree to participate in the testing period of such services.

9. Limitation of liability

To the fullest extent permitted by law in the applicable jurisdiction, Sagui.AI, its directors, officers, shareholders, employees, affiliates and agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages of any nature whatsoever, including any damages resulting from: (1) errors, mistakes, or inaccuracies of or in any content; (2) any type of personal injury or property damage related to your use of the Sagui.AI Services; (3) any type of unauthorized access to Sagui.AI servers and any personal information and other information stored therein; (4) any type of interruption or cessation of transmission to and from the Sagui.AI Services; (5) your use or display of any content or User Content posted, transmitted e-mail, or otherwise made available via the Sagui.AI Services; and (6) events beyond Sagui.AI's reasonable control, including any internet failure, equipment failure, power outage, strike, labor dispute, riot, insurrection, civil disturbance, labor or material shortage, fire, flood, storm, earthquake, explosion, act of God, war, act of terrorism, intergalactic phenomena, government actions, court orders, or third party default; and/or (7) loss of use, data, profits, goodwill, or other intangible losses resulting from the use of or inability to use any or all of the Sagui.AI Services.

The user declares to be aware and agree that the aforementioned limitations of liability are agreed allocations of risks that constitute part of the provision of Sagui.AI Services to the user, and that such limitations apply even if Sagui.AI has been notified of the possibility of such liabilities.

10. Compensation

The user agrees to defend, indemnify and hold harmless Sagui.AI, its directors, officers, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses (including attorneys' fees) arising from: (1) the user's violation of any term of this instrument or any other Sagui.AI Terms; (2) the user's violation of any third party right, including any copyright, access, property or privacy right, caused by the User Platform or the User Content and the user's use of the Sagui.AI Services, including, without limitation, measures of the Sagui.AI Services for the user's benefit; and (3) any other type of claim that the User Platform or the User Content has caused damage to third parties.

11. General provisions

11.1. Changes and updates

Sagui.AI reserves the right to change, suspend or terminate any of the Sagui.AI Services (or any feature thereof, or the prices applicable thereto) and/or cancel your access to any of the Sagui.AI Services (including removing any user-created material related to the Sagui.AI Services) for any reason and/or and amend any of the Sagui.AI Terms with or without prior notice - at any time and in any manner it deems appropriate.

User agrees that Sagui.AI shall not be liable to User or any third party for any modification, suspension or discontinuance of these Sagui.AI Services (or materials, content or services created, developed or connected by User with the Sagui.AI Services).

If any change involves the payment of additional fees, Sagui.AI will provide notice of such charges to you before the changes take effect. If you fail to pay or refuse to accept the adjusted Fees, Sagui.AI may (at its sole discretion) cancel your Account (as explained in detail in Section 6 above), keep your then-current Sagui.AI Services active without the changes in question, or provide you with alternative services.

11.2. Applicable legislation and jurisdiction

You expressly acknowledge and agree that Sagui.AI shall have the right to enforce these Terms of Use against you.

The Sagui.AI Terms, the rights and remedies provided for in this instrument, as well as any and all claims or disputes relating to them and/or related to the Sagui.AI Services, their interpretation, or even violations, terminations or validity, the relationships resulting from the execution of the Sagui.AI Terms, or any transaction or acquisition related thereto, will be governed, interpreted and judged in all aspects exclusively in accordance with the internal material laws of Brazil, notwithstanding any divergence with the laws and principles of another jurisdiction.

Any and all claims or disputes shall be settled, and the user hereby agrees that they shall be settled exclusively by a court or competent jurisdiction located in the district of Bento Gonçalves. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded.

Subject to any applicable law, all disputes between you and Sagui.AI shall be resolved solely on an individual basis, and you shall not have the right to bring any claim against Sagui.AI as a plaintiff or member in a class, consolidated, or representative action (or any other legal proceeding brought by a group or representative on behalf of others).

11.3. Notifications

Sagui.AI may provide you with notices using any of the following methods: (1) via the Sagui.AI Services, including through banners or pop-up windows within the Sagui.AI website, through your User Account or elsewhere on the website; (2) by email, sent to the email address you have provided to Sagui.AI; and (3) if you are a Reseller, then through your Reseller; and/or (4) by any other means, including any telephone number or physical address you have provided to us. Any notice from Sagui.AI to you or your Reseller will be deemed received and will be effective within 24 (twenty-four) hours after it is posted or sent through any of the above methods, unless the notice indicates otherwise.

11.4. Link

The Sagui.AI Terms and the use of the Sagui.AI Services by the user should not be interpreted as a means of generating any type of partnership, consortium, employment, agency or franchise relationship between the parties.

11.5. Full text of the contract

These Terms of Use, together with the Sagui.AI Terms and any other legal or fee-related notices provided to you by Sagui.AI, constitute the entire agreement between Sagui.AI and you regarding the subject matter of this agreement or any of the documents referred to, and shall prevail over any and all prior or concurrent agreements, covenants, promises, conditions, negotiations, agreements or representations, whether oral or written, entered into between Sagui.AI and you, including those entered into between any of your respective representatives, in relation to any of the Sagui.AI Services. You further agree that you shall not rely on any promise, inducement, representation, allegation, disclosure or duty of disclosure by Sagui.AI when entering into any of the Sagui.AI Terms.

11.6. Assignment of rights

  • Sagui.AI may assign rights and obligations under this Agreement and transfer ownership rights and title to the Sagui.AI Services and Licensed Content to third parties without your consent and without prior notice. You may not assign or transfer any right or obligation under this Agreement without Sagui.AI’s prior written consent. Any attempt to assign rights in this regard without Sagui.AI’s prior express written consent will be null and void. In any event, an assignment or transfer under this Section 17.6 does not, by itself, grant to Sagui.AI or to you the right to cancel any Sagui.AI Service or Third Party Service that is in effect at the time;
  • If you are a Reseller User, your subscription with the Reseller in respect of your User Account or User Platform (or any part thereof) may be assigned to Sagui.AI. You agree that if your subscription (or any part thereof) to a Sagui.AI User Account or User Platform with the Reseller is assigned to Sagui.AI, your continued rights to access and use your User Account and User Platform will be subject to these Terms of Use in all its elements (as amended from time to time) and you consent to the full application of these Terms of Use, including, without limitation, the billing and payment provisions contained herein. You agree that in the event of such assignment, you will provide, upon Sagui.AI’s request, such information as is necessary to secure payment for Paid Services that will commence upon such assignment.

11.7. Severability of contractual clauses and disclaimers

If any provision of the Sagui.AI Terms is found by a court of competent jurisdiction to be void, illegal or unenforceable for any reason, then that provision will be deemed severable and will not affect the validity or enforceability of any remaining provisions. No waiver of any breach or default of any Sagui.AI Terms will be deemed a waiver of any preceding or subsequent breach or default.

11.8. Portfolio Use of Content

By utilizing Sagui.AI’s services for creating websites, landing pages, and bio links, the Client grants Sagui.AI an irrevocable, non-exclusive, worldwide right to use, display, and reproduce any website, landing page, or bio link created on the platform for portfolio and promotional purposes. This right is granted indefinitely and includes the ability to showcase such content across any Sagui.AI communication channels, even after contract termination.

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