These Terms and Conditions (“T&C”) apply to the use of the Apiário Dev API (api.apiario.dev), management dashboard, and related services (collectively, “Services”), provided by N. D. DA SILVA - ASSESSORIA E TREINAMENTO, CNPJ 48.732.178/0001-53 (“Apiário Dev”, “we”, “us”), to individuals and legal entities (“You”). By using our Services, You fully accept and agree to this content. These T&C are legally binding.
By using our Services, You acknowledge and accept that artificial intelligence and machine learning techniques are constantly evolving and that, given their probabilistic nature, generated outputs (“Output”) may not reflect reality and do not replace professional advice. You also acknowledge and accept that any use and/or distribution of generated content is exclusively at Your own risk.
1. Registration and Access
By using our Services, You represent that You are at least 18 years of age, that all information provided is truthful and up to date, and that You will not share or transfer Your credentials, being solely responsible for all activities under Your account.
If You are a legal entity or representative of an entity, You represent that You are legally capable of entering into contracts and have legal authority to bind such entity.
2. Use of Services
We own all of our Services and grant You a non-exclusive right to access and use them, including to integrate the API into Your applications, products or services (“Your Application”). When using our Services, You must follow these T&C and comply with all applicable laws, and ensure that Your end users do so as well.
You represent that our Services will not be used for any illegal, harmful, or abusive activity, such as:
- (a) using the Services in a way that violates any laws or these T&C;
- (b) using the Services in a way that infringes, violates, or misappropriates the rights of third parties;
- (c) impersonating generated content as human;
- (d) reverse engineering, decompiling, model extraction, or model theft attacks, or attempting to discover the source code or underlying components of the Services (except to the extent such restrictions are contrary to law);
- (e) using the Output to develop any AI models that compete with our Services;
- (f) using any method to extract data from the Services not permitted through the API;
- (g) buying, selling, or transferring API keys to third parties;
- (h) interfering with or disrupting our Services, including bypassing rate limits or restrictions, or circumventing any security or protection measures.
3. Third-Party Software
Our Services may contain third-party software governed by their own licenses, such as payment processors and AI model providers. See our Privacy Policy for more details.
4. Content
You are responsible for input data (“Input”), including that of Your end users, and must ensure that it does not violate any applicable law or these T&C. You represent and warrant that You have all necessary rights, licenses, and permissions to provide Input to our Services.
Apiário Dev does not retain Input content. Requests are solely forwarded to the chosen AI model provider and are not stored on our servers. We only use operational metadata (e.g., token count) for billing purposes. User data is not used to train models.
When You use our Services, You understand and agree that:
- Given the probabilistic nature of machine learning, Output may not always be accurate. You should not rely on Output as the sole source of truth or factual information, nor as a substitute for professional advice.
- You should evaluate Output for accuracy and suitability for Your use case before using or sharing it.
- You should not use any Output related to a person for any purpose that could have a legal or material impact on them.
- Our Services may provide incomplete, incorrect, or offensive Output that does not represent our views. References to third-party products or services in the Output do not imply endorsement by or affiliation with Apiário Dev.
5. Personal Data and Privacy
In conducting any activities related to the Services, the Parties undertake to comply with applicable data protection obligations. If You use the Services to process personal data of Your end users, You must: (a) provide legally adequate privacy notices and obtain necessary consents; and (b) process personal data in accordance with applicable law.
See our Privacy Policy for complete information on data handling.
6. Confidentiality
“Confidential Information” means any information, material, or business, technical, or financial matter disclosed by one party (“Discloser”) to the other party (“Recipient”) that is identified as confidential at the time of disclosure or that should reasonably be understood by the Recipient as confidential.
The Recipient agrees to: (a) use the Discloser’s Confidential Information only to exercise its rights and fulfill its obligations under these T&C; (b) take reasonable measures to protect Confidential Information; and (c) not disclose Confidential Information to third parties, except as expressly permitted.
Information is not considered Confidential if it: (a) is in the public domain at the time of disclosure; (b) becomes available to third parties after disclosure without violation of these T&C; (c) is already known to the Recipient before disclosure; (d) is lawfully disclosed by third parties without confidentiality obligations; or (e) is required by law to be disclosed.
7. Intellectual Property
Apiário Dev owns all rights, titles, and interests in the Services, name, brand, and logo. You retain all rights to Your Input. Rights to the Output are governed by the Terms of the AI Model used.
8. Credits and Billing
Access to the Services operates on a prepaid credit basis (“Credits”), purchased via PIX or credit card. By purchasing Credits, You authorize the charges and will provide truthful, complete, and accurate information, including a valid payment method.
Credits are consumed based on API usage, according to prices published on our pricing page. Prices are displayed in Brazilian Real (BRL), with no IOF tax or exchange spread. We reserve the right to change prices at any time, without prior notice.
If payment cannot be completed, we may suspend Your access to the Services until payment is received. To dispute an invoice or charge, You must contact us immediately after issuance.
9. Refunds
Refunds for unused Credits may be requested within 24 hours of the transaction being processed. After this period, unused Credits become non-refundable. Platform and processing fees are non-refundable.
Unused Credits expire 365 days from the date of purchase.
10. Termination and Suspension
You are free to stop using our Services at any time. We reserve the right to suspend or terminate Your access or delete Your account if we determine that: (a) You have violated these T&C or any law; (b) we need to do so to comply with the law; or (c) Your use of the Services could cause risk or harm to Apiário Dev, our users, or third parties.
We may also terminate Your account if it has been inactive for more than one year, with prior notice. If You believe we have suspended or terminated Your account in error, please contact our team.
11. Rescission
Either You or Apiário Dev may terminate this Agreement upon written notice if the other Party materially breaches these T&C and fails to cure the breach within 30 days of receiving written notice.
We may suspend Your access or terminate these T&C: (a) if required by law; (b) to prevent a security risk or credible risk of harm or liability to Apiário Dev, the Services, or any third party; or (c) for repeated or material violations of these T&C.
Termination does not affect rights or obligations accrued up to the termination date, including payment of amounts owed. Provisions that by their nature should survive will continue in full force and effect. Upon termination, remaining Credits are non-refundable, except as required by law.
12. Service Discontinuation and Warranties
We may decide to discontinue the Services at any time, with at least 30 days’ prior notice.
The Services are provided “as is” and “as available”. We offer no additional warranties beyond what is described in the technical documentation. We do not guarantee that the Services will be uninterrupted, accurate, or error-free.
13. Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any damages, including but not limited to direct, indirect, incidental, special, or consequential damages, loss of data, revenue, or profits, to You or any third parties.
Our total liability shall never exceed the amount You actually paid for the Services in the 12 months preceding the event giving rise to the claim, or BRL 500, whichever is greater. This limitation extends to Apiário Dev’s affiliates, suppliers, and partners.
14. Indemnification
To the extent permitted by law, You will defend, hold harmless, and indemnify us from any costs, losses, liabilities, and expenses (including attorneys’ fees) arising from third-party claims related to the illegal use of the Services or any violation of these T&C.
15. Changes to these T&C
We may update these T&C at any time. If, in our assessment, an update significantly impacts Your rights or obligations, we will notify You at least 30 days in advance by email or in-product notification, unless the update is required to comply with the law.
Other updates become effective on the date the updated T&C are published. Your continued use of the Services after the effective date constitutes full acceptance of the update. If You do not agree, You may stop using the Services.
Except for updates to comply with the law, updates to these T&C do not apply to disputes that arose prior to the update.
16. General Provisions
You may not use Apiário Dev’s name and trademarks without our prior written consent.
These T&C constitute the entire agreement between You and Apiário Dev and supersede all prior or contemporaneous discussions, communications, and understandings.
You and Apiário Dev act as independent contractors. Neither party shall bind or attempt to bind the other party to any contract without express authorization.
Apiário Dev shall not be liable for failures or delays resulting from force majeure, including but not limited to government actions, acts of terrorism, natural phenomena, labor conditions, or power failures.
We reserve the right to assign this Agreement to an affiliate, subsidiary, or successor without prior notice or Your consent. If this could cause a material impact on the provision of Services, You will be notified in advance.
All notices shall be in writing using the email address associated with Your account.
Delay, tolerance, or failure to enforce any provision does not constitute a novation or waiver, nor does it affect our right to enforce it at any time. If any part of these T&C is held invalid or unenforceable, that part shall be enforced to the maximum extent permitted and the remaining provisions shall remain in full force and effect.
17. Governing Law and Jurisdiction
These T&C are governed by the laws of the Federative Republic of Brazil. The courts of the district of São Paulo, SP, are hereby elected to resolve any disputes arising from these T&C, with express waiver of any other jurisdiction, however privileged it may be.
18. Contact
Apiário Dev
N. D. DA SILVA - ASSESSORIA E TREINAMENTO
CNPJ: 48.732.178/0001-53
Email: contato@apiario.dev