Terms of Service

WitBoardAI is currently offered as a Beta / Early Access product. This means the service may be modified, interrupted, or discontinued at any time. No formal SLA or uptime guarantee is provided during this phase. By using the service, you acknowledge and accept the inherent limitations of a pre-release product.

"Service" means the WitBoardAI platform made available at witboardai.com. "Provider" means LUMENCODE SERVIÇOS LTDA, registered under CNPJ 52.632.781/0001-30, with headquarters at Rua Paulo Prado, 63, Bloco 4, Apt 205, Oswaldo Cruz, Rio de Janeiro/RJ, Brazil, ZIP 21.341-130. "Customer" means the legal entity (PJ) that entered into these Terms. "User" means any individual authorized by the Customer to access the Service. "Content" means any data, text, or materials submitted by the Customer to the Service.

The Service is intended exclusively for legal entities (Pessoa Jurídica — PJ). By accepting these Terms, you represent and warrant that you are entering into this agreement on behalf of a legal entity duly incorporated and in good standing. Consumer protection regulations (including the Brazilian Consumer Defense Code — CDC) do not apply to this agreement.

The Customer is responsible for maintaining the confidentiality of all credentials and for all activities that occur under its account. The Customer must promptly notify the Provider of any unauthorized use. The Provider may suspend accounts that violate these Terms or represent a security risk.

The Customer agrees not to use the Service to: (i) violate any law, regulation, or third-party right; (ii) submit, generate, store, or distribute content that is illegal, defamatory, fraudulent, discriminatory, offensive, obscene, violent, hateful, or that exploits minors; (iii) generate AI outputs intended as medical, legal, financial, psychological, regulatory, or health advice for third parties, without the Customer holding the relevant professional qualification; (iv) reverse engineer, decompile, mirror, copy, or create a competing product or service based on the Service; (v) bypass technical limits, authentication mechanisms, usage quotas, or security measures; (vi) use the Service (or its outputs) to train, fine-tune, feed, or benchmark competing AI systems; (vii) conduct automated scraping, denial-of-service attacks, code injection, or any activity that compromises the integrity, security, or performance of the Service; (viii) resell, sublicense, assign, or transfer access to third parties without the Provider's express written authorization; (ix) use the Service in violation of export controls, international sanctions, or applicable sector-specific regulation. Breach of this section authorizes the Provider to immediately suspend access, terminate these Terms without refund, and pursue any other available legal remedies.

Current pricing is US$ 7.00 per user per month (monthly billing in US dollars) or the equivalent annual rate. Applicable taxes, duties, and currency conversion fees are the Customer's responsibility. The Provider reserves the right to change prices with at least 30 days advance notice before the next billing cycle. Continued use of the Service after the notice period constitutes acceptance of the new pricing.

Either party may terminate this agreement at any time. Upon cancellation of the Starter Plan by the Customer, access continues until the end of the current billing period. Plan cancellation does not generate a cash refund for unused days, except as required by applicable law.

The Customer may reduce the number of extra AI Seats and Basic Seats at any time through the billing settings. Reducing seats generates a prorated credit for the unused days in the already-paid period, automatically applied to the next invoice issued by the payment provider. No amount is refunded directly in cash.

The Provider may discontinue the Service at any time with at least 60 days prior written notice sent to the Customer's registered email address. Upon discontinuation: (i) all paid subscriptions will be refunded on a pro-rata basis for the unused portion; (ii) the Customer will have 90 days to export all Content via the data export feature; (iii) after the 90-day window, Customer Content will be permanently deleted.

The Provider may suspend access immediately upon: (i) breach of these Terms; (ii) abuse of the Service or third-party systems; (iii) actions that create security or legal risk. The Provider may also suspend access after 7 calendar days of non-payment, with prior notice to the registered email address.

The Customer retains full ownership of all Content submitted to the Service. The Customer grants the Provider a limited, non-exclusive, royalty-free license solely to operate and provide the Service. This license does not include the right to use Customer Content to train, fine-tune, or improve AI models. All rights not expressly granted remain with the Customer.

The Service uses AI models provided by third-party providers to generate outputs. AI-generated content is informational in nature and does not constitute professional, legal, or financial advice. The Customer is solely responsible for reviewing, validating, and acting upon any AI-generated output. The Provider makes no warranties as to the accuracy, completeness, or fitness of AI-generated content for any specific purpose.

Each party agrees to maintain the confidentiality of the other party's non-public information disclosed in connection with the Service. This obligation does not apply to information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was already known to the receiving party; (iii) is independently developed; or (iv) is required to be disclosed by law or court order.

By using the Service, the Customer represents and warrants that: (i) it has full legal capacity and authority to enter into these Terms on behalf of the legal entity it represents; (ii) the data, text, files, and materials submitted to the Service were lawfully obtained, and the Customer holds all rights, consents, and authorizations necessary for their processing, including data subject consent as required by the LGPD; (iii) the Customer's use of the Service will not infringe any copyright, trademark, patent, trade secret, privacy, image, or any other third-party right; (iv) the Customer will comply with all applicable laws when using the Service, including tax, labor, consumer protection, anti-corruption, and data protection laws; (v) the Customer is not located in a country subject to embargo or sanctions imposed by Brazil or the United States, and does not appear on any sanctions list maintained by Brazilian, U.S., European Union, or United Nations Security Council authorities; (vi) the Customer is responsible for maintaining its own backups of its Content, acknowledging that the Provider does not guarantee recovery of data lost through the Customer's fault.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

To the maximum extent permitted by applicable law, the Provider's total liability arising out of or in connection with these Terms will not exceed the greater of: (i) US$ 100.00 (one hundred US dollars); or (ii) the total amounts paid by the Customer in the 12 months preceding the claim. In no event will the Provider be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, loss of data, or business interruption.

The Customer shall indemnify, defend, and hold harmless the Provider, its partners, directors, employees, service providers, and agents from and against any claims, lawsuits, administrative proceedings, losses, damages, fines, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (i) breach of these Terms by the Customer, its Users, or representatives; (ii) infringement of third-party rights by Content submitted by the Customer; (iii) use of the Service in violation of the Acceptable Use Policy; (iv) decisions made by the Customer or third parties based on AI-generated outputs; (v) the Customer's failure to comply with the LGPD or other applicable laws regarding the personal data submitted; (vi) data subject claims arising from processing that the Customer carries out outside the Provider's instructions. The Provider shall promptly notify the Customer of any claim covered by this section and may, at its sole discretion, assume the conduct of the defense with counsel of its choice, at the Customer's expense.

Neither party shall be liable for delays or failure to perform its obligations due to events of force majeure, including, without limitation: natural disasters, pandemics, wars, terrorist acts, riots, general strikes, governmental decisions or determinations, internet or electrical infrastructure failures, failures, interruptions, or discontinuations of third-party providers (including, without limitation, cloud, AI model, authentication, payments, email, and storage providers), cyberattacks, third-party software vulnerabilities, or any other event beyond the reasonable control of the affected party. The affected party shall notify the other within a reasonable period, indicating the nature and estimated duration of the event. During the force majeure event, the affected obligations are suspended without constituting a breach or giving rise to a right to indemnification.

The Provider may modify these Terms at any time. For material changes, the Provider will provide at least 30 days advance notice via email or in-app notification. Continued use of the Service after the notice period constitutes acceptance of the updated Terms. All versions are archived with their effective dates.

The following sections shall remain in full force and effect after termination or expiration of these Terms, regardless of the cause: Definitions, Intellectual Property, Use of Artificial Intelligence, Confidentiality, Customer Representations and Warranties, Warranties and Disclaimers, Limitation of Liability, Indemnification by Customer, Force Majeure, Governing Law and Jurisdiction, General Provisions, and any other provision that, by its nature, must survive termination. Termination or expiration of these Terms shall not affect rights and obligations already accrued, nor release the parties from outstanding obligations.

These Terms are governed by the laws of the Federative Republic of Brazil. Any disputes arising from or related to these Terms shall be exclusively submitted to the courts of the Capital District of Rio de Janeiro/RJ, Brazil, with express waiver of any other venue, however privileged.

These Terms constitute the entire agreement between the parties with respect to the Service and supersede all prior agreements. If any provision is found unenforceable, the remaining provisions will continue in full force. Failure to enforce any right or provision shall not constitute a waiver.

These Terms take effect when the Customer creates an account or first uses the Service. By using the Service, the Customer acknowledges having read, understood, and agreed to be bound by these Terms.

Version 1.1 — Effective May 21, 2026. Previous versions are available upon request.