Terms & Conditions

 

These Terms & Conditions (“T&C”) apply to the use of the web chat (“Chat”), local models (“Local”), Maritaca API (“API”), and any other services, collectively referred to as the (“Services”), provided by Maritaca AI (“We”, “Us”) to individuals and legal entities (“You”), and are binding. By using our Services, You fully accept and agree to these T&C.

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By using our Services, You acknowledge and agree that artificial intelligence and machine learning techniques are constantly evolving and that, due to their probabilistic nature, the outputs generated (“Generation”) by our Services may not reflect reality and do not replace professional advice. You further acknowledge and agree that any use and/or distribution of content Generated by our Services is entirely at Your own risk.

1. Registration and Access

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By using our Services, You represent and warrant that You are at least 18 years old, that all information provided is true, accurate, and up to date, and that You will not share or transfer Your credentials, remaining solely responsible for all activities carried out under Your account.

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If You are a legal entity or acting on behalf of an entity, You represent and warrant that You have the legal capacity to enter into contracts and the authority to bind such entity.

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2. Use of the Services

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We own all rights to the Services and grant You a non-exclusive right to access and use them, including integration of the Services into Your applications, products, or services (“Your Application”). When using the Services, You must comply with these T&C and all applicable laws, and ensure that Your end users do the same.

You further agree that the Services will not be used for any illegal, harmful, or abusive activity, including but not limited to:

(a) using the Services in violation of any applicable law or these T&C;
(b) infringing, violating, or misappropriating the rights of others;
(c) impersonating or misrepresenting Generated content as human-created;
(d) reverse engineering, reverse compiling, decompiling, translating, engaging in model extraction or model theft attacks, or attempting to discover the source code or underlying components of the Services, algorithms, or systems (except where prohibited by law);
(e) using Generation to develop artificial intelligence models that compete with our products or Services or those of any affiliated entity;
(f) extracting data from the Services by any means other than permitted APIs;
(g) buying, selling, or transferring API keys to or from third parties;
(h) interfering with or disrupting the Services, including bypassing rate limits, restrictions, or security or mitigation measures.

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3. Software

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Our Services may include third-party software governed by their own licenses, such as billing services.

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4. Content

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You are responsible for the input data (“Input”), including data provided by Your users, and must ensure that it does not violate applicable laws or these T&C. You represent and warrant that You and/or Your users hold all rights, licenses, and permissions necessary to provide Input to the Services. You are solely responsible for the use of any Generation and for evaluating its accuracy and suitability for Your intended use.

 

Maritaca AI does not use Input or user data except for the calculation of metrics required for billing purposes, such as token counts for Input and Generation. User data is not used to train our models.

 

When using the Services, You understand and agree that:

• Due to the probabilistic nature of machine learning, Generation may not always be accurate.

• You must not rely on Generation as the sole source of truth or factual information, nor as a substitute for professional advice.

• You must evaluate Generation for accuracy and suitability before using or sharing it.

• You must not use any Generation related to an individual for purposes that may have legal or material effects on that person.

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5. Personal Data and Privacy

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In carrying out activities related to the Services, the Parties shall comply with all applicable personal data protection laws and process personal data in accordance with such laws.

 

If You use the Services to process personal data of end users, You must:
(a) provide legally adequate privacy notices and obtain any required consents; and
(b) process personal data in compliance with applicable law.

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6. Confidentiality

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“Confidential Information” means any commercial, technical, or financial information disclosed by one party (“Discloser”) to the other (“Recipient”) that is identified as confidential or should reasonably be understood as confidential. The Recipient agrees to:
(a) use Confidential Information solely to perform 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 herein.

 

Confidential Information does not include information that:
(a) is publicly available at the time of disclosure;
(b) becomes publicly available without breach of these T&C;
(c) was already known by the Recipient;
(d) is lawfully disclosed by a third party without confidentiality obligations; or
(e) is required to be disclosed by law, in which case the Recipient shall promptly notify the Discloser where legally permitted.

 

The Recipient is responsible for violations of this Section by its employees, contractors, or agents.

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7. Intellectual Property Rights

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We retain all rights, title, and interest in and to the Services, our name, trademarks, and logos.

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8. Paid Accounts and Billing

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By purchasing any Service, You authorize billing and agree to provide accurate and complete payment information, including a valid payment method. We or our third-party payment processors will automatically charge Your selected payment method until cancellation. Failure to complete payment may result in suspension of access. Billing disputes must be raised promptly after invoice issuance.

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9. Pricing Changes

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We reserve the right to modify subscription pricing with at least 30 days’ prior notice. We may also correct billing errors after invoice issuance or payment receipt.

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10. Suspension and Termination

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You may stop using the Services at any time. We may suspend or terminate access or delete accounts if:
(a) You violate these T&C or applicable law;
(b) required by law; or
(c) Your use poses risk or harm to Maritaca AI or others.

Inactive accounts may be terminated after one year with prior notice. You may contact us if You believe termination was in error.

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11. Cancellation

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You may cancel Your subscription at any time by deleting Your account. Outstanding amounts remain payable, and payments made are non-refundable except where required by law.

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12. Rescission

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Either party may terminate this Agreement upon written notice if the other party materially breaches these T&C and fails to cure within thirty (30) days, or ceases business operations or becomes insolvent.

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Termination does not affect accrued rights or obligations. Provisions intended to survive termination shall remain in effect. Upon termination, Customer Content will be deleted within 30 days unless retention is legally required.

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13. Service Discontinuation and Warranties

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We may discontinue the Services at any time with at least 30 days’ prior notice.

 

The Services are provided “as is” without warranties beyond those expressly stated in the documentation. We do not guarantee uninterrupted, error-free, or accurate performance.

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14. Limitation of Liability

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To the maximum extent permitted by law, we are not liable for any damages, including direct or indirect damages, data loss, loss of revenue or profits. Our total liability shall not exceed the amount paid by You for the Service giving rise to the claim. This limitation applies to affiliates, licensors, suppliers, and distributors.

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15. Indemnification

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To the extent permitted by law, You agree to defend, indemnify, and hold us harmless from any third-party claims arising from unlawful use of the Services or violation of these T&C.

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16. Changes to These T&C or the Services

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We may update these T&C or the Services at any time. Material changes affecting Your rights will be notified at least 30 days in advance unless required by law. Continued use constitutes acceptance.

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17. Miscellaneous

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You may not use our name or trademarks without prior written consent.

 

These T&C constitute the entire agreement between You and Maritaca AI. The Parties act as independent contractors.

 

We are not liable for delays or failures caused by force majeure events.

 

We may assign this Agreement to affiliates or successors without consent. Notices will be sent using account contact information.

 

Brazilian law governs these T&C, and Maritaca AI may elect any competent forum for dispute resolution.