Terms of use

Artificial Intelligence Integration and Training Service Chat GPT for Virtual Assistance services on Instagram.

These Terms of Use ("Terms") govern the use of the GPT Chat configuration and training service as a virtual assistant for companies on Instagram ("Service") offered by the company Upward - CNPJ 44.094.018/0001-75 ("Company" ). By contracting and using the Service, the contracting party agrees to comply with these Terms and recognizes that the Service is subject to limitations and possible failures.

1. Programming and Installation Fee: The contracting party agrees to pay a one-time programming and installation fee for the Service, which is a non-refundable initial investment.

2. Monthly Fee for System Maintenance: The contracting party also agrees to pay a monthly fee for system maintenance, which includes minor updates to the database, such as changes in products, prices or services, as long as they do not alter the quantity of items, products or services. offered.

3. System Scope: The system developed by the Company answers questions based on previous training limited to a specific number of products, services or information related to a certain business.

4. System Limitations: The system is not capable of sending images, understanding past questions or recording a personal history for each user who contacts. Furthermore, once programmed, the system cannot be updated to increase the scope of information, products or services offered without a new budget.

5. Responsibility for Technology: The Company is not responsible for outages on the Chat GPT servers or for the system to stop functioning, since access to this technology may be limited at any time by the company that owns the Artificial Intelligence "Chat GPT"_cc781905- 5cde-3194-bb3b-136bad5cf58d_ Open AI.

6. Monthly fees and Cancellation: Monthly fees have a fixed cost for 12 months and the contractor can cancel at any time without penalty. However, non-payment of the monthly fee will result in the automatic pause of the service until the payment is normalized. Monthly fees may be updated annually.

7. Limit of Monthly Conversations: The maximum number of monthly conversations supported by the system is 1500 per company. Upon reaching this limit, the system will be automatically interrupted until the end of the period contemplated by the paid monthly fee.

8. Responsibility for Misinformation: The Company is not responsible for misleading information generated and provided by artificial intelligence, since it is a new technology subject to failures and unexpected behavior. In case of error, the contractor must inform the Company via Whatsapp +54 11 9 57973243 with a screenshot of the error so that the team can seek a possible correction.

9. Update of Values: The values for the use of the system will be made available on the Company's website (www.upward.com.br) and may be updated periodically.

10. Limitations and Failures of the Service: The contracting party acknowledges that every system has limitations and may present failures, and agrees not to impose penalties, fines or lawsuits in relation to failures in the responses or interruptions in the functioning of the Service. The Company undertakes to use reasonable efforts to keep the Service functioning properly, but does not guarantee its continuous and uninterrupted operation.

11. Intellectual Property: The contracting party acknowledges that the Service and all associated intellectual property rights, including but not limited to trademarks, copyrights and patents, are the exclusive property of the Company. Unauthorized reproduction, copying, modification, distribution or use of any part of the Service is prohibited without the prior written authorization of the Company.

12. Confidentiality: The contracting party agrees to maintain the confidentiality of all information provided by the Company in relation to the Service, including, but not limited to, technical, commercial and strategic information. The contractor may not disclose, share or use such information for any purpose other than using the Service.

13. Termination: The Company reserves the right to terminate or suspend the Service at any time, for any reason, without notice. The contracting party may also terminate the Service at any time by giving 7 days written notice to the Company.

14. General Provisions: These Terms constitute the complete agreement between the contracting party and the Company regarding the Service and supersede all prior agreements, oral or written. Any modification or waiver of these Terms must be in writing and signed by both parties. The Company's failure to exercise any right or provision of these Terms does not constitute a waiver of such right or provision.

15. Jurisdiction and Venue: These Terms will be governed by and construed in accordance with the laws of Brazil. The jurisdiction of the Judicial District of Belo Horizonte, state of Minas Gerais, is elected as the only competent jurisdiction to resolve any issues arising from these Terms, with express waiver of any other, however privileged it may be.

By contracting and using the Service, the contracting party declares to have read, understood and accepted all the terms and conditions established in these Terms of Use.

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Terms of Use

Artificial Intelligence Integration and Training Service for Chat GPT for Virtual Assistance on Instagram.

These Terms of Use ("Terms") govern the use of the Chat GPT configuration and training service as a virtual assistant for businesses on Instagram ("Service") offered by Upward - CNPJ 44.094.018/0001-75 ("Company") . By contracting and using the Service, the User agrees to comply with these Terms and acknowledges that the Service is subject to limitations and possible failures.

1. Programming and Installation Fee: The User agrees to pay a one-time programming and installation fee for the Service, which is a non-refundable initial investment.

2. Monthly System Maintenance Fee: The User also agrees to pay a monthly system maintenance fee, which includes minor updates to the database, such as changes to products, prices, or services, as long as they do not change the quantity of items, products, or services offered.

3. Scope of the System: The system developed by the Company responds to questions based on limited prior training specific to a certain business's products, services, or related information.

4. Limitations of the System: The system is not capable of sending images, understanding previous questions, or recording personal history for each user who contacts it. Additionally, once programmed, the system cannot be updated to increase the scope of information, products, or services offered without a new estimate.

5. Technology Liability: The Company is not responsible for server outages of Chat GPT or the discontinuation of system operations, as access to this technology may be limited at any time by the company that owns the "Chat GPT" Artificial Intelligence, Open AI.

6. Monthly Fees and Cancellation: Monthly fees have a fixed cost for 12 months, and the User can cancel at any time without penalties. However, failure to pay the monthly fee will result in automatic suspension of the service until payment is normalized. Monthly fees may be subject to annual updates.

7. Monthly Conversation Limit: The maximum number of monthly conversations supported by the system is 1500 per company. Upon reaching this limit, the system will be automatically interrupted until the end of the period covered by the paid monthly fee.

8. Responsibility for Misleading Information: The Company is not responsible for misleading information generated and provided by artificial intelligence, as it is a new technology subject to failures and unexpected behavior. In case of error, the User must inform the Company through Whatsapp +54 11 9 57973243 with a screenshot of the error so that the team can seek possible corrections.

9. Value Updates: The values for system usage will be made available on the Company's website (www.upward.com.br) and may be periodically updated.

10. Service Limitations and Failures: The User acknowledges that every system has limitations and may have failures and agrees not to impose penalties, fines, or legal actions related to failures in responses or service interruptions. The Company undertakes reasonable efforts to keep the Service functioning properly but does not guarantee continuous and uninterrupted operation.

11. Intellectual Property: The User acknowledges that the Service and all associated intellectual property rights, including but not limited to trademarks, copyrights, and patents, are the exclusive property of the Company. Reproduction, copying, modification, distribution, or unauthorized use of any part of the Service is prohibited without prior written authorization from the Company.

12. Confidentiality: The User agrees to maintain confidentiality regarding all information provided by the Company in relation to the Service, including but not limited to technical, commercial, and strategic information. The User may not disclose, share, or use such information for any purpose other than the use of the Service.

13. Termination: The Company reserves the right to terminate or suspend the Service at any time, for any reason, without prior notice. The User may also terminate the Service at any time, with 7 days' prior written notice to the Company.

14. General Provisions: These Terms constitute the entire agreement between the contracting party and the Company regarding the Service and supersede all prior agreements, verbal or written. Any modification or waiver of these Terms must be in writing and signed by both parties. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. These Terms shall be governed by and constructed in accordance with the laws of the jurisdiction where the Company is located (Minas Gerais - Brazil), without giving effect to its conflict of laws principles. Any disputes arising out of or in connection with these Terms shall be resolved through good faith negotiations between the parties. If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect. The failure of either party to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. These Terms may not be assigned or transferred by the contracting party without the prior written consent of the Company. The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

By using the Service, the contracting party acknowledges and agrees to be bound by these Terms of Use. If the contracting party does not agree to these Terms, the contracting party should refrain from using the Service.

These Terms of Use were last updated on 04/19/2023 (month-day-year).