Terms of Service
1. Acceptance of Terms
By accessing this website, downloading, installing, or using any applications developed by BARAKY LTDA ("BARAKY", "we", "us", or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.
These terms apply to all visitors, users, and others who access or use our services.
2. Description of Services
BARAKY develops and provides software applications, including but not limited to mobile productivity tools powered by artificial intelligence. Our services may evolve, change, or be discontinued at any time without prior notice.
We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation.
3. User Accounts
When you create an account with us, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of these terms, which may result in immediate termination of your account.
You are responsible for safeguarding the password and access credentials used to access our services. You agree not to disclose your credentials to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
4. Intellectual Property
All software, trademarks, service marks, logos, branding, content, and materials provided through our services are the exclusive property of BARAKY LTDA and are protected by applicable intellectual property laws, including but not limited to copyright, trademark, and patent laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to use our software for personal, non-commercial purposes in accordance with these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software without our prior written consent.
The names "BARAKY", "Nyze", and related logos are trademarks of BARAKY LTDA. You may not use these marks without our prior written permission.
5. User Content
Our services may allow you to create, upload, store, or share content ("User Content"). You retain all rights to your User Content. By using our services, you grant us a limited license to use, store, and process your User Content solely for the purpose of providing and improving our services.
You are solely responsible for your User Content and the consequences of sharing it. You represent and warrant that you have all necessary rights to your User Content and that it does not violate any third-party rights or applicable laws.
6. Prohibited Uses
You agree not to use our services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our services. Prohibited activities include, but are not limited to:
- Violating any applicable laws or regulations
- Infringing upon the intellectual property rights of others
- Attempting to gain unauthorized access to our systems
- Interfering with or disrupting the integrity of our services
- Using our services to distribute malware or harmful code
- Reverse engineering, decompiling, or disassembling our software
- Automated data collection without our express permission
7. Termination
We may terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason, including if you breach these Terms of Service.
Upon termination, your right to use our services will cease immediately. All provisions of these terms that by their nature should survive termination shall survive, including intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.
8. Disclaimer of Warranties
Our services are provided on an "as is" and "as available" basis. BARAKY LTDA makes no warranties, expressed or implied, regarding the operation, availability, or reliability of our services.
We do not warrant that our services will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of our services will be accurate or reliable.
9. Limitation of Liability
To the maximum extent permitted by applicable law, BARAKY LTDA shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of, or inability to access or use, our services
- Any conduct or content of any third party on our services
- Any content obtained from our services
- Unauthorized access, use, or alteration of your transmissions or content
10. Indemnification
You agree to defend, indemnify, and hold harmless BARAKY LTDA, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these terms or your use of our services.
11. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil, without regard to its conflict of law provisions.
Any dispute arising from these terms shall be subject to the exclusive jurisdiction of the courts of the State of Santa Catarina, Brazil.
12. Changes to Terms
We reserve the right to modify or replace these Terms of Service at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our services after any revisions become effective, you agree to be bound by the revised terms.
13. Contact Us
If you have any questions about these Terms of Service, please contact us:
BARAKY LTDA
R. Arcelina de Souza Brand, 788, Sala
Vila Antonio David, Anitápolis — SC, 88.475-000, Brazil