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Terms of Service

Terms of Service

Última atualização 23 de junho de 2025

HOW THIS PLATFORM WORKS

We have done our best to reduce and simplify the rules of our platform. Therefore, we have set out below the most important points for you, which can also be read in full and in detail in the following Terms of Service.

In addition, we are always available to answer any questions you may have through the website Kloel.com and by email support@Kloel.com. Platform users can also use the customer support chat. For Enterprise companies, we have dedicated support available via WhatsApp and email when needed.

1) What do we do?

Kloel is, but is not limited to, a platform that optimizes content creation and work routines, as well as automates tasks through AI assistants. All available services and products can be viewed on our website before you sign up. 

2) Is use of our platform paid?

Kloel offers free features and paid plans. Each plan includes a monthly allowance of quick messages, advanced messages, and credits, as detailed at Kloel.com/pricing. These credits can also be purchased separately, are valid for 12 (twelve) months, and can be used for specific platform features.

3) Can these terms be changed?

Our Terms of Service may change, but you can always access the most up-to-date version on our platform. In addition, if we take any action that requires your authorization by law, you will receive notice beforehand so you can accept or decline.

4) What happens to personal data?

We have a Privacy Notice that explains what we do with your personal data. It is very important that you read and understand this document too!

5) How do unlimited features work?

For features described as unlimited, there are no fixed usage limits. In rare situations, Kloel may intervene to ensure that customers are using the service in accordance with the fair use policy. Our goal is to protect the 99% of customers who use the service appropriately and within the rules.

If a customer significantly exceeds the average usage of the other 99% of customers, Kloel may, at its discretion, warn the customer about excessive usage, begin an investigation to verify compliance with the policy, or temporarily reduce or suspend access. In cases of violations of the platform rules, such as the use of bots or automations, Kloel reserves the right to suspend access without refunding the amount paid by the customer and may also take legal action. This is done to ensure the best quality of service for all Kloel customers.

6) What do the Terms of Service contain?

The following Terms of Service are divided as follows to make it easier for you to access the information:

  1. Text Publication Date;
  2. Explanation of Technical or Foreign-Language Terms;
  3. Services;
  4. User Registration;
  5. Payment for Use of the Platform;
  6. Refunds and Cancellation by the User;
  7. Responsibilities of the Parties;
  8. Disclaimer of Liability by Kloel;
  9. Rules of Conduct and Prohibitions;
  10. Intellectual Property;
  11. Processing of Personal Data, Privacy, and Security;
  12. Consequences of Accessing the Platform;
  13. Changes to the Terms and Conditions of Use;
  14. Applicable Law and Choice of Venue;
  15. Contact Channel;
  16. Website Protection.

TERMS OF SERVICE

This platform, whose name is Kloel, is owned and maintained by Kloel TECNOLOGIA LTDA, a private legal entity registered with CNPJ/ME under No. 42.888.509/0001-62, with its registered office at Avenida Sagitário, No. 138, suite 2513B, condominium A, Sitio Tambore Alphaville neighborhood, ZIP code No. 06473-073 Barueri - SP, Brazil. Please note that the entire text must be read carefully and, if you do not agree with the contents of our terms and/or privacy notice, do not continue browsing or using our services.

1. TEXT PUBLICATION DATE

1.1. This version of this document was published on: 18/02/2025.

2. EXPLANATION OF TECHNICAL TERMS OR FOREIGN-LANGUAGE TERMS

2.1. The meanings of technical nomenclature and English-language terms are set out below.

  • AI: Abbreviation for "Artificial Intelligence." It refers to the ability of computer systems to perform autonomous tasks by imitating human intelligence in various applications.

  • Login: The process that allows access to a computer system, controlled through the identification and authentication of the User using credentials provided by that internet user.

  • Online: An English term whose literal meaning is "on the line." It is commonly used to indicate that a particular internet or other computer network User is connected to the network.

  • Virus: Malicious software that infects systems and computers with the aim of causing harm, makes copies of itself, and attempts to spread to other computers using various means.

    2.2. The types of Platform Users are:

    2.2.1. Individual User: People who register directly on the platform for personal or professional use. These people may become Paying Users in the future if they wish to use paid features.

    2.2.2. Business User: People who are part of a company that has contracted Kloel to use its features for professional purposes.

3. SERVICES

3.1. About us: Kloel is, but is not limited to, a platform that optimizes content creation routines through AI assistants. All available services and products can be reviewed before subscribing on the page: Kloel.com/pricing

3.1.1. We emphasize that we are not a marketing or advertising agency, nor are we content creators. We use the most advanced AI models on the market to generate content and comply with rigorous enterprise security standards. 

3.2. By using Kloel, the User must understand and accept that all their actions and choices are free and are not subject to any kind of influence or interference from Kloel.

3.3. It is clarified that this service does not establish any employment, corporate, or associative relationship between the parties, and each party remains solely responsible for all of its respective expenses and obligations, whether of an employment, social security, tax, insurance, civil, criminal, or any other nature or kind.

4. USER REGISTRATION

4.1. Personal data will be required to register for and use Kloel's services. This information and its purposes are described in the Privacy Notice.

4.2. Each User will determine their login and password, and is solely responsible for keeping this information confidential. Kloel is not responsible for actions or damages that may be caused by third parties' unauthorized access to the account.

4.3. Only 1 (one) account per email address is permitted.

4.4. Users are responsible for providing true, accurate, and up-to-date information.

4.5. Kloel may terminate the agreement with the User, suspend its services, or refuse or cancel a User's account without prior notice whenever it suspects that the information provided is false, incomplete, outdated, or inaccurate, or in cases of nonpayment, in the cases indicated in applicable laws and regulations, these Terms of Service, the Privacy Notice or any Policy.

5. PAYMENT FOR USE OF THE PLATFORM

5.1. Kloel offers free features and paid plans. To learn more, simply visit the page Kloel.com/pricing.

5.1.1. All plans include a monthly allocation of quick messages, advanced messages, and credits, as described on the platform and website Kloel.com/pricing.

5.1.2. Credits included in the plans are valid for 1 (one) month and are renewed monthly according to each plan's cycle.

5.1.3. The User may purchase additional credits individually, which will be valid for 12 (twelve) months from the date of purchase.

5.1.4. The balance of available credits, as well as the renewal date for monthly credits, will be displayed on the platform.

5.2. For purchases made by credit card, renewal will be automatic at the same price and with the same number of installments as the initial purchase.

6. REFUNDS AND CANCELLATION BY THE USER

6.1. Right of withdrawal: Kloel respects all of its Users’ rights, especially the right to withdraw from purchases made online within 14 (fourteen) days after the purchase, as provided for in the Consumer Protection Code. Once the User expresses their intent to withdraw, all amounts paid by the User, if any, will be refunded.

6.1.1. If additional credits were purchased separately and the intent to withdraw is expressed within 7 (seven) days, Kloel will refund only the portion of credits that had not been used at the time of withdrawal. If no credits have been used, the refund will be full.

6.1.2. Credits purchased through specific promotions will not be refunded under any circumstances, due to the special conditions of their offer.

6.1.3. Each person (individual CPF or email) is entitled to 1 (one) refund during the guarantee period. If a person makes a new purchase after exercising the right to withdraw and decides to cancel again, a refund will not be permitted.

6.2. If cancellation is requested after 14 days, a cancellation fee (early termination fee) of 50% of the remaining contract balance will apply. For example, if you cancel an annual plan in the ninth month, you will be charged 50% of the amount for the remaining three months. When the user requests a refund/cancellation, their access will be immediately terminated.

6.3. To cancel the platform’s services, the User must send a cancellation request to the email support@Kloel.com.

6.4. Cancellation rules vary depending on the service purchased and can be found in these Terms of Service, item 6.

7. RESPONSIBILITIES OF THE PARTIES

7.1. Kloel’s responsibilities:

7.1.1. Provide the services as described in these Terms of Service;

7.1.2. Inform Users of any changes to the services through simple notices on the platform.

7.2. Users’ responsibilities:

7.2.1. Use the platform according to the usage criteria defined by Kloel, without altering its programming, cracking passwords, or taking any actions that may cause harm to Kloel or other Users;

7.2.2. Be responsible, for all purposes, including legal ones, for the content of the information they enter and the commitments they make on the platform;

7.2.3. Fully comply with these Terms of Service, Privacy Notice, applicable law, and agreements between the parties.

7.3. In addition, Business Users are solely responsible for obtaining the specific and informed consent of Individual Users to use their photos and voices (audiovisual content) to create digital characters (avatars) on the platform.

8. Kloel’s DISCLAIMER OF LIABILITY

8.1. Kloel is not responsible for:

8.1.1. Any unavailability of the platform that it did not cause.

8.1.2. Users’ conduct or their failure to fulfill their obligations.

8.1.3. False information entered by Users.

8.1.4. Harm the User may experience as a result of actions by third parties alone, as well as network connection failures and malicious interactions such as viruses.

8.1.5. Harm the User may suffer as a result of misuse of the platform in violation of these Terms, the Privacy Notice, the law, or court orders.

8.1.6. Acts of God or force majeure.

8.1.7. Unlawful conduct by Users while using the platform (e.g., fraud).

8.1.8. Use of photos and voice of Individual Users to create digital characters (avatars) without their proper consent, with Business Users being solely responsible for obtaining the corresponding specific and informed consent for this purpose.

9. RULES OF CONDUCT AND PROHIBITIONS

9.1. Users may not:

9.1.1. Infringe the rights of Kloel, the platform operators, other Users, or third parties, or act in any way or by any means that may contribute to such infringement;

9.1.2. Perform acts that limit or prevent use of the platform, or unlawfully access Kloel;

9.1.3. Use the tool to engage in illegal activities or disseminate messages unrelated to the platform or its purposes, including messages containing inappropriate content;

9.1.4. Enter data that is false, outdated, or incomplete;

9.1.5. Hold Kloel liable for the conduct of Users registered on the platform or of third parties.

9.2. Kloel may, at its sole discretion, block, restrict, disable, or prevent any User from accessing the platform whenever inappropriate conduct is detected, without the need for prior notice or entitlement to any type of compensation.

10. INTELLECTUAL PROPERTY

10.1. Ownership and rights relating to the platform belong exclusively to Kloel TECNOLOGIA LTDA. Access to the platform and its proper use by the User do not confer any right or prerogative over intellectual property or other content included therein.

10.2. All platform content, including its name, trademark, domain, programs, databases, files, texts, drawings, photos, layouts, headers, and other elements, was created, developed, or assigned to Kloel TECNOLOGIA LTDA and is therefore the exclusive property of Kloel TECNOLOGIA LTDA or licensed to it, and is protected by Brazilian laws and international treaties concerning intellectual property rights.

10.3. The following are prohibited: exploitation, assignment, imitation, copying, plagiarism, reverse engineering, use of automations or robots that simulate human behavior to operate the platform, attempted intrusion (hacking), storage, alteration, modification of characteristics, expansion, sale, rental, donation, alienation, transfer, or full or partial reproduction of any content on the Kloel TECNOLOGIA LTDA platform.

10.4. Kloel TECNOLOGIA LTDA reserves the right to assign, fully and permanently, all materials produced on the Platform by Users to them. However, it should be noted that the assignment applies exclusively to the final product generated through use of the Platform and does not include the assets, layouts, or other individual elements used in its creation, as stated in item 10.1.

10.5. Kloel TECNOLOGIA LTDA is not responsible for the User's use of the final product after the assignment. Any consequence, damage, or liability arising from use of the final product is the sole responsibility of the User.

10.6. Kloel TECNOLOGIA LTDA waives any economic rights to creations generated by the User, including digital characters (avatars) created using their photos and voice, reserving only the rights to the platform and its content as set out in Items 10.1 and 10.2, as well as in the general terms of these Terms of Service.

10.6.1. Kloel TECNOLOGIA LTDA will not pay Users any amount for the use of their photos and voice to create digital characters (avatars), and Kloel TECNOLOGIA LTDA will not use such photos or voice for any other purpose.

10.7. Anyone who violates the prohibitions set out in intellectual property legislation and these Terms will be held civilly and criminally liable for the infringements committed and may also be penalized on the platform.

11. PERSONAL DATA PROCESSING, PRIVACY, AND SECURITY

11.1. Kloel has a specific policy governing the collection, storage, and processing of personal data, as well as its security: the Privacy Notice. The Privacy Notice forms an inseparable part of these Terms, noting that platform usage data will be archived in accordance with applicable law.

12. CONSEQUENCES OF ACCESSING THE PLATFORM

12.1. Despite Kloel's best efforts to provide the best technologies to maintain an online connection and synchronization and secure access for Users, technical difficulties, internet applications, or transmission problems may result in inaccurate or incomplete copies of the information contained on the platform. In addition, computer viruses or other harmful programs may also be inadvertently downloaded from the platform.

12.1.1. Kloel recommends installing suitable antivirus software or protection tools.

12.2. Kloel reserves the right to unilaterally modify the platform, as well as its configuration, presentation, design, content, features, tools, or any other element, including its cancellation.

12.3. Our platform may contain links to third-party websites/platforms. When following a link, the User should review the privacy policies of those websites/platforms, as we accept no responsibility or liability for those policies. Please review these policies before sharing any personal data with those websites.

13. CHANGES TO THE TERMS AND CONDITIONS OF USE

13.1. Kloel may unilaterally add and/or modify any clause contained in these Terms of Service. The updated version will apply to use of the platform from the date of its publication. Continued access to or use of the platform after publication will confirm the Users' acceptance of the new Terms of Service.

13.2. If the change made requires the User's consent, the User will be given the option to freely, unequivocally, and knowingly accept the new text or reject it.

13.3. If the User does not agree with the change, they may withhold consent for specific acts or may fully terminate their relationship with Kloel. However, such termination will not release the User from fulfilling all obligations assumed under previous versions of the Terms of Service.

14. GOVERNING LAW AND VENUE

14.1. The platform is controlled and administered in the city of São Paulo, State of São Paulo, Brazil, and may be accessed from any device connected to the Internet, regardless of its geographical location.

14.1.1. People who access or use Kloel from other countries do so at their own risk and are responsible for complying with regional/national laws.

14.2. The User agrees that the applicable law for purposes of these Terms and Conditions of Use and the Privacy Notice shall be the law in force in the Federative Republic of Brazil.

14.3. Kloel and the User agree that the courts of São Paulo, State of São Paulo, Brazil, shall have exclusive jurisdiction to resolve any matter or dispute arising from or resulting from use of the platform, expressly waiving any other jurisdiction, however privileged it may be or may become.

15. CONTACT

15.1. Kloel provides the following channels for receiving any communications Users wish to send: website Kloel.com through the support chat and by email support@Kloel.com.

16. SITE PROTECTION

16.1. This site is protected by reCAPTCHA, and the Privacy Policy and the Terms of Service of Google apply.

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