Legal
Terms of use
This English version is a translation provided for convenience. The original Portuguese version, available at nepfy.com/pt-br/termos-de-uso, prevails in case of any discrepancy.
1. Acceptance of the terms
These Terms of Use ("Terms") govern access to and use of the Nepfy platform, available at nepfy.com and its subdomains (the "Platform"), operated by Nepfy Propostas LTDA, CNPJ 61.292.782/0001-74 ("Nepfy", "we", "us").
BY ACCESSING, REGISTERING FOR OR USING THE PLATFORM, YOU DECLARE THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE TERMS AND TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.
Nepfy reserves the right to change these Terms at any time. Changes take effect once published on the Platform. Continued use of the Platform after publication constitutes acceptance of the new Terms. Where changes are material, Nepfy may, at its discretion, notify the User by email or in-app notification.
2. Definitions
- "Platform": the Nepfy SaaS software, including the website, subdomains, APIs, editor, templates, publishing system and all associated features, present and future.
- "User": an individual or legal entity registered on the Platform.
- "Proposal": content created by the User on the Platform.
- "Recipient": a third party who accesses a published Proposal.
- "User Content": all data, text, images and materials entered by the User.
- "Plan": the subscription tier contracted by the User.
3. Registration and account
To use the Platform, the User must be at least 18 years old and have full legal capacity. Legal entities must be duly incorporated and represented.
The User is solely responsible for their access credentials and for all activity carried out in their account. Nepfy is not responsible for unauthorized access resulting from the User's failure to protect their credentials.
The User warrants that all information provided is true and up to date, and is liable for any loss caused by false information.
4. Service
Nepfy is a SaaS platform for creating interactive commercial proposals. Available features depend on the contracted Plan and may be modified, added, removed or discontinued at any time, with or without prior notice, without giving rise to any right to indemnification or compensation.
Nepfy DOES NOT GUARANTEE uninterrupted availability. The Platform may become unavailable for any reason, including without limitation: maintenance, infrastructure failures, events of force majeure or any circumstances beyond Nepfy's reasonable control.
The User acknowledges that data loss is an inherent risk of using any software and agrees to keep backup copies of their data. Nepfy will not be liable for any loss or corruption of data.
5. Plans and payments
Current plans, features and prices are available at nepfy.com/pricing. Nepfy may change plans and prices at any time, applying the new amounts from the next renewal cycle.
Payments are processed by third-party payment processors. Nepfy does not store credit card data.
Subscriptions renew automatically. The User may cancel at any time and keeps access until the end of the paid period. Amounts already paid are non-refundable, except where required by law.
In the event of non-payment, Nepfy may, at its sole discretion and without prior notice: restrict features, suspend the account or terminate it permanently.
6. Intellectual property
6.1. Nepfy's property
The Platform and all of its elements — including source code, design, templates, layouts, components, editor, schemas, algorithms, AI models, trademarks, logos and any derivative material — are the exclusive property of Nepfy or its licensors.
6.2. License to the User
Nepfy grants the User a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Platform in accordance with the contracted Plan. This license confers no ownership right.
6.3. License over User Content
The User retains ownership of their content. By using the Platform, the User grants Nepfy a worldwide, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, modify, adapt, publish, transmit, display, distribute and create derivative works from the User Content for any purposes related to the operation, improvement, promotion and development of the Platform and of new services, including without limitation: rendering proposals, backups, analytics, training and improving artificial intelligence models, generating aggregated and statistical data, and developing new features, products and functionality.
6.4. Ownership of Analytics
Nepfy may monitor, analyze and compile aggregated and anonymized statistical and performance information based on use of the Platform ("Analytics"). The User acknowledges and agrees that Nepfy holds all rights over the Analytics and may use them for any purpose, including commercial purposes and the development of new services.
6.5. Feedback
The User agrees that any feedback, suggestion, idea or improvement provided to Nepfy, whether directly or through third-party platforms, may be used by Nepfy as it sees fit, including for the development of new features, without any benefit or compensation being owed to the User.
6.6. AI-generated content
AI-Generated Content is provided "as is", as a suggestion. The User is entirely responsible for reviewing, approving and using any generated content. Nepfy does not guarantee originality, accuracy or suitability and is not liable for any loss arising from its use.
6.7. Templates and visual elements
Templates, sections and visual elements are licensed for use within the Platform. Extracting, copying or using them outside the Platform without Nepfy's express authorization is prohibited.
7. Acceptable use
The User undertakes NOT to use the Platform to:
- Create or distribute illegal, defamatory, fraudulent or discriminatory content, or content that infringes third-party rights.
- Engage in spam, phishing or abusive communication.
- Transmit viruses, malware or malicious code.
- Reverse engineer, decompile or access the source code.
- Circumvent usage limits, restricted features or security mechanisms.
- Resell, sublicense or commercialize access.
- Overload the Platform with excessive or automated requests.
- Use the Platform for competing activities or competitive benchmarking.
- Engage in any other conduct that Nepfy, at its sole discretion, considers harmful.
A violation entitles Nepfy to suspend or terminate the account immediately, without prior notice and without any right to a refund.
8. Third-party data
When entering third-party data into the Platform, the User declares that: (a) they have a legal basis for the processing; (b) they are solely responsible for the lawfulness of the collection and use; (c) they hold Nepfy harmless from any liability for processing carried out on the User's instruction or behalf.
Under the LGPD (Brazilian General Data Protection Law), the User acts as Controller and Nepfy as Processor of such data. Nepfy will process such data to enable the Platform's features and as described in these Terms and in the Privacy Policy.
9. Publishing proposals and recipients
By publishing a Proposal, the User acknowledges that: (a) the Proposal will become publicly accessible; (b) Nepfy will collect analytics data about access to it; (c) the subdomain used confers no ownership right and may be revoked at any time.
Recipients who access published Proposals do so at their own risk. Nepfy is not responsible for the content of Proposals created by Users, nor for any damages or losses suffered by Recipients as a result of accessing or relying on the content of Proposals.
10. Analytics and usage data
Nepfy collects data on use of the Platform and on access to published Proposals, including without limitation: browsing data, view metrics, IP addresses, device information and performance data. The User acknowledges and consents to this collection as a condition of using the service. Nepfy may use this data for any legitimate purpose, without restriction.
11. Limitation of liability
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
UNDER NO CIRCUMSTANCES WILL NEPFY, ITS PARTNERS, DIRECTORS, EMPLOYEES, AGENTS OR ASSOCIATES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, REPUTATIONAL HARM, BUSINESS INTERRUPTION OR ANY OTHER DAMAGE, EVEN IF NEPFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NEPFY'S TOTAL AND CUMULATIVE LIABILITY, FOR ANY CAUSE, IS LIMITED TO THE LESSER OF: (A) THE TOTAL AMOUNT PAID BY THE USER IN THE 12 (TWELVE) MONTHS PRECEDING THE EVENT; OR (B) BRL 1,000.00 (ONE THOUSAND BRAZILIAN REAIS).
Nepfy is not liable for: content created by the User; third-party decisions; inaccuracies in AI-generated content; unauthorized access caused by the User's failure; failures in third-party services; loss or corruption of data; events of force majeure; or any damages resulting from the use of, or inability to use, the Platform.
12. Indemnification
The User agrees to indemnify, defend and hold harmless Nepfy, its partners, directors, employees, agents and associates from any and all claims, actions, losses, damages, costs and expenses (including legal fees) arising from: use of the Platform; breach of these Terms; infringement of third-party rights; content entered into the Platform; improper use of third-party data; or any Recipient claim related to the content of Proposals.
13. Suspension and termination
Nepfy may suspend or terminate the User's account at any time, with or without cause, upon notice to the User. In the event of a breach of these Terms, fraud, abusive conduct or activity that poses a risk to the Platform, termination may be immediate and without prior notice.
After termination: (a) access will be revoked; (b) published Proposals will be unpublished; (c) data will be retained as set out in the Privacy Policy and, after the applicable period, may be deleted or anonymized; (d) the clauses on intellectual property, limitation of liability, indemnification and confidentiality remain in force.
14. Confidentiality
The User acknowledges that, when using the Platform, they may have access to confidential information of Nepfy. The User undertakes not to disclose such information to third parties without Nepfy's prior written authorization. This obligation survives termination of the account.
15. Communications
The User consents to receiving communications from Nepfy by email and through notifications on the Platform, including operational notices and marketing communications (with the option to opt out). Transactional emails are not subject to opt-out.
16. General provisions
- Governing law: these Terms are governed by the laws of the Federative Republic of Brazil.
- Jurisdiction: the courts of the judicial district of Curitiba/PR are elected, with express waiver of any other.
- Entire agreement: these Terms and the Privacy Policy constitute the entire agreement between the parties.
- Severability: if any provision is invalid, the remaining provisions stay in force.
- Assignment: the User may not assign their rights without Nepfy's consent. Nepfy may freely assign its rights and obligations, including in a merger, acquisition or sale of assets.
- Waiver: forbearance does not constitute a waiver of rights.
- Survival: clauses 6, 8, 11, 12, 14 and 16 survive termination of these Terms.
- Contact: legal@nepfy.com