Terms & Conditions

1. Agreement to Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Gabriel Araujo Rudy Consultoria em Tecnologia da Informação, a Brazilian company (CNPJ: 48.868.347/0001-87), operating under the brand name Niv (“Company,” “we,” “us,” or “our”) regarding your use of the Niv collaborative note-taking platform (“Service,” “Platform,” or “Application”).

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Service.

2. Description of Service

Niv is a collaborative note-taking platform that enables users to create, share, edit, and manage notes in real-time. Our Service includes but is not limited to:

• Real-time collaborative document editing
• Note organization and management tools
• Team collaboration features
• File upload and storage capabilities
• AI-powered assistance and content generation
• Search and discovery features
• Integration with third-party services

3. User Accounts and Registration

3.1 Account Creation

To access certain features of our Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.

3.3 Age Requirements

You must be at least 13 years old to use our Service. If you are between 13 and 18 years old, you represent that you have your parent’s or guardian’s permission to use the Service.

4. User Responsibilities and Prohibited Conduct

4.1 Acceptable Use

You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Upload, post, or transmit any content that is illegal, harmful, threatening, abusive, defamatory, or obscene
• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Attempt to gain unauthorized access to our systems or other users’ accounts
• Interfere with or disrupt the Service or servers
• Use the Service for commercial purposes without our prior written consent
• Upload or distribute viruses, malware, or other malicious code
• Harvest or collect personal information of other users

4.2 Content Standards

All content uploaded or created through our Service must comply with applicable laws and regulations, including but not limited to copyright laws, privacy laws, and anti-discrimination laws.

5. Intellectual Property Rights

5.1 Your Content

You retain all ownership rights to the content you create, upload, or share through our Service (“User Content”). By using our Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your User Content solely for the purpose of providing and improving our Service.

5.2 Our Property

The Service, including its design, functionality, code, and all related intellectual property rights, are owned by Gabriel Araujo Rudy Consultoria em Tecnologia da Informação (Niv) and are protected by applicable intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of our Service without our written permission.

5.3 AI-Generated Content

Content generated by our AI features may be subject to additional terms and conditions. You are responsible for ensuring that any AI-generated content complies with these Terms and applicable laws.

6. Privacy and Data Protection

6.1 Privacy Policy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and protect your personal information.

6.2 Data Processing (LGPD/GDPR Compliance)

For users in Brazil and the European Union, we process personal data in accordance with the Lei Geral de Proteção de Dados (LGPD) and the General Data Protection Regulation (GDPR). You have the right to access, correct, delete, and port your personal data, as well as the right to object to or restrict certain processing activities.

6.3 Data Retention

We retain your personal data only for as long as necessary to provide our Service and comply with legal obligations. You may request deletion of your account and associated data at any time.

7. Payment Terms and Billing

7.1 Subscription Plans

We offer various subscription plans with different features and pricing. All fees are charged in advance and are non-refundable except as required by applicable law.

7.2 Payment Processing

Payments are processed through third-party payment processors. You agree to provide accurate payment information and authorize us to charge your selected payment method.

7.3 Automatic Renewal

Subscriptions automatically renew unless canceled before the renewal date. You may cancel your subscription at any time through your account settings.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GABRIEL ARAUJO RUDY CONSULTORIA EM TECNOLOGIA DA INFORMAÇÃO (NIV) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Gabriel Araujo Rudy Consultoria em Tecnologia da Informação (Niv) and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising from or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your User Content

10. Termination

10.1 Termination by You

You may terminate your account at any time by following the instructions in your account settings or by contacting us directly.

10.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if you violate these Terms or engage in conduct that we determine to be harmful to the Service or other users.

10.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. We may delete your account and all associated data, though we may retain certain information as required by law or for legitimate business purposes.

11. Digital Millennium Copyright Act (DMCA)

We respect intellectual property rights and respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).

If you believe that your copyrighted work has been infringed, please provide our designated copyright agent with the following information:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to have been infringed
• Identification of the allegedly infringing material and its location on our Service
• Your contact information
• A statement of good faith belief that the use is not authorized
• A statement of accuracy and authorization under penalty of perjury

12. Governing Law and Jurisdiction

12.1 For Users in the United States

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12.2 For Users in Brazil

For users located in Brazil, these Terms shall be governed by Brazilian law, and any disputes shall be subject to the exclusive jurisdiction of the Brazilian courts, in accordance with the Brazilian Consumer Defense Code (CDC) and applicable Brazilian legislation.

12.3 International Users

For users in other jurisdictions, these Terms shall be governed by the laws of Delaware, except where local law requires otherwise.

13. Dispute Resolution

13.1 Mandatory Arbitration (US Users)

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration rather than in court, except for claims that may be brought in small claims court.

13.2 Class Action Waiver

You agree that any arbitration shall be conducted on an individual basis and not as a class action, collective action, or representative action.

13.3 Brazilian Users

Brazilian users retain all rights under Brazilian consumer protection law, including the right to seek resolution through consumer protection agencies and courts.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the “Last Updated” date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

For material changes that negatively affect your rights, we will provide at least 30 days’ notice before the changes take effect.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and Gabriel Araujo Rudy Consultoria em Tecnologia da Informação (Niv) regarding your use of the Service.

17. Contact Information

If you have any questions about these Terms, please contact us at:

18. Additional Rights for Brazilian Users

In accordance with Brazilian law, specifically the Consumer Defense Code (CDC) and LGPD, Brazilian users have additional rights including:

• The right to cancel any purchase within 7 days without providing a reason
• The right to clear and accessible contract terms
• Protection against abusive clauses
• The right to data portability and deletion under LGPD
• The right to file complaints with SENACON and other consumer protection agencies

Nothing in these Terms shall limit or waive any rights provided by Brazilian consumer protection law.