Terms of Service

Version 1.2

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Oct 17, 2024

This document ("Agreement") is legally binding between SCRIBO ("we" or "our") and you, a natural or legal person ("User", "you" or "your") who acquires, accesses and/or uses the digital platform scribo.dev ("Platform"). The term of this Agreement begins at the moment of the User's initial access to the Platform and will govern your initial acquisition, as well as any future acquisitions made by the User that reference this Agreement. SCRIBO may modify this Agreement periodically, as described in section 11.

By accessing or using the Platform, you agree to be bound by this Agreement. If you do not agree with this Agreement, you are not authorized to access or use the Platform.

We recommend that you carefully read this Agreement, as it contains important information about your rights and obligations as a User of SCRIBO.


1. Definitions

1.1 "SCRIBO" or "scribo.dev" refers to the company SCRIBO TECNOLOGIA LTDA, owner and responsible for the Platform and Services, headquartered at Rua Marechal Deodoro, 283, 1st floor, ZIP Code 30.150-110, Belo Horizonte, MG, Brazil, registered under CNPJ No. 26.729.986/0001-29.

1.2 "User" refers to the entity, natural or legal person, who acquires, accesses and/or uses the Platform, whether in the free or paid plan.

1.3 "Services" refers to all tools, applications, features and functionalities provided by the Platform to the User.

1.4 "Platform" refers to the software or set of software through which the User uses the Services provided by SCRIBO, accessible through the website https://scribo.dev/ and its subdomains.

1.5 "Content" refers to any and all material, including texts, images, videos, codes, designs and other files sent, posted or made available by the User on the Platform.

1.6 "Free Plan" refers to the Platform access plan with limited functionalities, offered free of charge by SCRIBO.

1.7 "Paid Plan" refers to the Platform access plan with complete functionalities, through subscription payment, as described in section 5.1.

1.8 "Party" refers, depending on the case, to the User or SCRIBO and "Parties" refers to the User and SCRIBO, collectively.

1.9 "Controller" refers to who determines the purposes and means of processing personal data.

1.10 "Processor" refers to who performs the processing of personal data on behalf of the Controller.

1.11 "Personal Data" refers to any information relating to an identified or identifiable natural person.

1.12 "Data Processing" refers to any operation or set of operations performed on personal data or sets of personal data, by automated means or not.

Terms defined in the singular have the corresponding meaning in the plural and vice versa. Unless the context of this Agreement clearly indicates otherwise, words in the masculine gender include the feminine and vice versa.


2. License and Usage Rights

2.1 Services

SCRIBO grants the User a limited, non-exclusive, non-transferable and revocable license to access and use the Platform, exclusively for their own internal commercial purposes, in accordance with the terms of this Agreement. This license does not allow the User, under any circumstances:

a) To sell, resell, license, sublicense, disclose, reveal, rent, lend, transfer or authorize the use, in whole or in part, of SCRIBO's software - including its source code, database or any related information - to third parties. This prohibition extends to companies controlled by the User, subsidiaries, affiliates or any other related entity, without prior written authorization from SCRIBO;

b) To copy, modify, adapt, translate, reverse engineer, decompile or disassemble the Platform, including its source code, database, or any information related to them;

c) To use the Services to build a product or service similar to or that competes with the Platform;

d) To remove or alter any copyright notices, trademarks or other proprietary notices from the Platform;

e) To use the Platform in any way that violates this Agreement or any applicable law or regulation;

f) To violate any local, state, national or international law;

g) To infringe the intellectual property rights of SCRIBO, as well as third parties;

h) To display or transmit any illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful or objectionable content of any nature. Examples of inappropriate content include, but are not limited to:

  • Hate speech or discrimination;
  • Harassment or bullying;
  • Sexually explicit content or child pornography;
  • False or misleading information;
  • Content that promotes illegal or harmful activities;

i) To interfere with or disrupt the operation of the Platform or servers and networks connected to the Platform;

j) To attempt to gain unauthorized access to the Platform, other User accounts, computer systems or networks connected to the Platform, through hacking, password mining or any other means;

k) To harass, threaten or harm other Users;

l) To collect or store personal data of other Users without their express permission;

m) To use the Platform to send spam, chain letters, pyramid schemes or any other form of unsolicited communication;

n) To use the Platform to impersonate another person or entity, or provide false or misleading information about your identity;

o) To upload, post, email or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;

SCRIBO reserves the right to investigate and take appropriate legal action against any User who, in its sole discretion, violates the terms of this Agreement, including, but not limited to, terminating the User's account and reporting the User to law enforcement authorities.


2.2 Eligibility

To access and use the Platform, the User must be at least 18 (eighteen) years old and have legal capacity to enter into contracts. If the User is under 18 (eighteen) years old, access and use of the Platform will only be allowed with the authorization and supervision of a legal guardian.


2.3 Account Creation

To access and use the Platform's functionalities, the User needs to create an account. By creating an account, the User agrees to:

a) Provide true, accurate, current and complete information about themselves, as requested in the registration form;

b) Promptly update account information to keep it true, accurate, current and complete;

c) Be responsible for all activities that occur in their account and for maintaining the confidentiality of their access data;

d) Immediately notify SCRIBO of any unauthorized use of their account or any other security breach;

SCRIBO reserves the right to refuse account registration, terminate accounts, remove or edit Content, or cancel orders at its sole discretion.


2.4 User Responsibilities

The User is solely responsible for:

a) All Content that they submit, send, post, publish, display or otherwise make available on the Platform;

b) Complying with all applicable laws and regulations regarding their access and use of the Platform, including, but not limited to, intellectual property, privacy and data protection laws;

c) Not using the Platform for illegal, immoral purposes or that violate this Agreement;

d) Ensuring that their activities on the Platform comply with all applicable laws and regulations in their jurisdiction, including, but not limited to, data protection regulations, such as the General Data Protection Law (LGPD) in Brazil, the General Data Protection Regulation (GDPR) in the European Union, the California Consumer Privacy Act (CCPA) in the United States, the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada, as well as any other relevant local laws.

SCRIBO is not responsible for any legal violations committed by the User in relation to the use of the Platform. The User should consult their own legal and technical advisors to ensure that their activities are in accordance with current legal requirements.


3. Content

3.1 Intellectual Property

In addition to the licenses described in this Agreement, no intellectual property rights are transferred by either Party to the other.

The User acknowledges and agrees that SCRIBO holds all rights, titles and interests in the Platform, including, but not limited to, all copyrights in the Services: any content or text, images, graphics, visual interfaces, art, applications, software code and any associated documentation, including, but not limited to the structure, design and "look and feel" of such content.

The User does not acquire any property rights over the Platform or any part of it, except for the limited usage rights granted in this Agreement.


3.2 User Content

The User retains all rights, titles and interests in the Content that they submit, post or otherwise make available on the Platform. By submitting, posting or making Content available on the Platform, the User grants SCRIBO a worldwide, non-exclusive and royalty-free license to use the Content exclusively for the following purposes:

a) Display of Examples: Include the Content in presentations and informational materials to demonstrate the operation and functionalities of the Platform;

b) Case Studies: Use the Content as an example in case studies and similar materials, in order to highlight the experiences of using the Platform;

c) Website Promotion: Display the Content on SCRIBO's website and on social media channels controlled by SCRIBO, aiming to promote the Platform and its services;

d) Marketing and Advertising Purposes: Use screenshots and excerpts of the Content in marketing campaigns, promotional publications and other advertising materials of SCRIBO;

SCRIBO commits not to sublicense or transfer the Content to third parties outside the purposes listed above, without the User's prior consent. Furthermore, SCRIBO will respect the User's privacy and commits to remove any sensitive or identifiable information from the Content, should it be used for promotional purposes.

This clause applies exclusively to Content created and made available by the User on the Platform, such as texts, images and other creative materials. User data, including personal data, are not subject to this license and are protected by our privacy policies.

The User has the right to revoke this license at any time, upon written notice to SCRIBO. After revocation, SCRIBO will cease using the User's Content for the above-mentioned purposes within a reasonable timeframe, not exceeding 30 days, except when maintenance of the Content is necessary to comply with legal or contractual obligations.

The User declares and warrants that they have all necessary rights to grant the above license, or that they have authorization from the rights owner to do so.


3.3 Limitation of SCRIBO's Liability

SCRIBO is not responsible for the Content sent, posted or otherwise made available on the Platform by Users. SCRIBO does not endorse any User Content and disclaims any liability related to such Content. The User is solely responsible for all Content that they submit, post or otherwise make available on the Platform and for ensuring that such Content does not violate this Agreement or any applicable law or regulation.


3.4 Content Removal

SCRIBO reserves the right to remove any Content from the Platform that violates this Agreement or that SCRIBO considers, in its sole discretion, inappropriate, offensive, illegal or harmful.

Depending on the content and criticality of the content, SCRIBO may notify the User by email, requesting the removal of the Content from the Platform, establishing a 48-hour deadline. If the Content is not removed by the User within the stipulated deadline, SCRIBO reserves the right to remove such Content from the Platform.

SCRIBO has no obligation to monitor User Content, but may do so at its sole discretion.


3.4 Backups

SCRIBO is not responsible for Content that resides in the User's projects and, under no circumstances, will be responsible for any loss or deletion of Content. It is the User's sole responsibility to maintain adequate backup of their Content. Notwithstanding the above, on some occasions and under certain circumstances, without any obligation, SCRIBO may be able to restore some or all of the data that has been deleted or lost. SCRIBO does not guarantee that the data the User needs will be available or can be restored after deletion or loss.


3.5 Links to other resources

Although the Platform and Services may contain links to other resources (such as websites, mobile applications, etc.), SCRIBO is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with any linked resource, unless specifically stated herein. SCRIBO is not responsible for examining or evaluating, and does not warrant the offerings of any companies or individuals or the content of their resources.

SCRIBO assumes no responsibility or obligation for the actions, products, services and content of any third parties. The User should carefully review the legal statements and other conditions of use of any resource they access through a link on the Platform. Access to any other external resources is strictly the User's responsibility.


5. Plans and Payments

5.1 Plans

SCRIBO offers different access plans to the Platform, including a Free Plan and Paid Plans. The specific modules, functionalities and usage limits for each plan are detailed on SCRIBO's plans and pricing page, available at https://scribo.dev/pricing.

The monthly usage limits of the Platform for a given month of any year will be accounted for from the first day of the following month, covering the use of the Platform from the first to the last day of the previous month. As an example, the usage for the month of October of any year will be accounted for from the first day of November and will cover the use of the Platform from October 1st to 31st of that year.

These limits may include, but are not limited to, number of page views, number of triggered workflows, amount of emails sent, volume of processed data, number of API requests, or other metrics relevant to the service.


5.2 Payments

Payment for Paid Plans must be made through the payment methods made available by SCRIBO, which uses Stripe (www.stripe.com) for online payment processing. Stripe is responsible for transaction security, customer service and support, and management of cancellations and refunds.

For Paid Plans, the subscription will be automatically renewed for periods equal to the initial subscription period, unless canceled by the User before the renewal date. The User may cancel their subscription at any time through the account settings on the Platform. Subscription cancellation will take effect at the end of the current billing cycle.

In cases where the User has signed a separate Service Provision Contract with SCRIBO, then the payment and cancellation terms determined in the Contract in question apply.


5.3 Refunds

SCRIBO does not offer refunds for Paid Plans, except in specific cases provided for in applicable law.


5.4 Price Changes

SCRIBO reserves the right to change the prices of Paid Plans at any time, upon prior notice to the User. Price changes will be applied to the User's next subscription renewal.


6. Privacy and Data Protection

6.1 Data Collection

SCRIBO collects personal data from Users for the following purposes:

a) Free Plan:

  • Name and email: for the purpose of identifying and communicating to the User about Platform notifications, such as plan limits, newsletter, changes, updates, among other communications;
  • User navigation data on the Platform: for the purpose of improving the User experience on the Platform;

b) Paid Plan:

  • Name and email: for the purpose of identifying and communicating to the User about Platform notifications, such as plan limits, newsletter, changes, updates, among other communications;
  • Address, Employer Identification Number (EIN) and/or Social Security Number (SSN): for the purpose of processing payments and charges, as well as complying with legal and regulatory obligations;
  • User navigation data on the Platform: for the purpose of improving the User experience on the Platform;

More details about privacy and data protection can be accessed in the Privacy Policy.


6.2 Data Controller and Processor

SCRIBO is the Controller of the User's personal data collected through the Platform. However, SCRIBO acts as a Processor in relation to personal data processed on behalf of Users who use the Platform to collect data, create and manage their own services.

By agreeing to this Agreement, the User affirms that when collecting data through the Platform, they commit to:

a) Comply with all legal obligations regarding the collection, storage, processing and sharing of third-party personal data;

b) Obtain explicit authorization from third parties before collecting any personal data, ensuring that they are aware of how their data will be used;

c) Provide a clear and accessible privacy policy that explains the purposes for which the data was collected, mentioning SCRIBO as the Processor of this data;

d) Not use the Platform for activities that violate data protection laws or regulations or any other applicable regulation in their region of operation;

More details about privacy and data protection can be accessed in the Privacy Policy.


6.3 User Rights

The User has the following rights regarding their personal data:

a) Access to their personal data;

b) Correction of inaccurate or incomplete personal data;

c) Deletion of their personal data, in certain circumstances;

d) Opposition to the processing of their personal data, in certain circumstances, as long as they formalize it in writing to SCRIBO. By opposing the processing of their personal data, the User is aware that this action may compromise, partially or totally, the operation of the platform, as well as make its use unfeasible;

e) Portability of their personal data to another data controller, in certain circumstances;

More details about privacy and data protection can be accessed in the Privacy Policy.


6.4 Data Security

SCRIBO implements procedural, technical and organizational security measures to ensure the security, confidentiality, integrity, availability and privacy of Content, as well as personal data and other information of Users stored by the Services.

The User is responsible for reviewing the information provided by SCRIBO related to data security and independently assessing whether the Services meet their requirements and legal obligations.

The User acknowledges that SCRIBO's security measures are subject to technical progress and that SCRIBO may update or modify such measures periodically, provided that these updates and modifications do not result in a material decrease in the overall security of the Services.

More details about privacy and data protection can be accessed in the Privacy Policy.


6.5 Use of Cookies

SCRIBO uses cookies and similar technologies to collect and store information when the User visits the Platform. Cookies are small text files placed on the User's device to identify the User's browser and optimize the User's experience on the Platform.

The information collected through cookies may include, but is not limited to:

a) IP address;

b) Browser type and language;

c) Pages visited;

d) Date and time of access;

SCRIBO uses the information collected through cookies to:

a) Personalize the User's experience on the Platform;

b) Improve the functionality of the Platform;

c) Analyze the use of the Platform;

d) Provide targeted advertising and marketing;

The User can configure their browser to block cookies or be notified when cookies are sent to their device. However, if the User blocks cookies, some functionalities of the Platform may not work correctly.

More details about privacy and data protection can be accessed in the Privacy Policy.


6.6 Breach Notification

In case of a data breach that may result in high risk to the rights and freedoms of individuals, SCRIBO will notify affected Users without undue delay, no later than 72 hours after becoming aware of the breach. The notification will include:

a) The nature of the data breach;

b) The categories and approximate number of individuals affected;

c) The likely consequences of the breach;

d) The measures taken or proposed to mitigate possible adverse effects;

More details about privacy and data protection can be accessed in the Privacy Policy.


7. Warranties and Disclaimers

7.1 Disclaimer of Warranties

The Platform is provided "as is" and "as available", without any kind of warranty, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title. SCRIBO does not warrant that the platform will be uninterrupted, error-free, secure or that it will meet your needs.


7.2 Limitation of Liability

In no event shall SCRIBO be liable for any direct, indirect, incidental, special, consequential or punitive damages, including, but not limited to, lost profits, loss of data, business interruption or other pecuniary losses, arising out of the use or inability to use the Platform, even if SCRIBO has been advised of the possibility of such damages.

This limitation of liability does not apply to damages resulting from gross negligence or willful misconduct on the part of SCRIBO.


8. Indemnification

The User agrees to defend, indemnify and hold harmless SCRIBO and its affiliates, directors, officers, employees, agents, suppliers and licensors from and against any claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees, arising out of or related to:

a) Your use of the Platform;

b) Any breach of this Agreement by the User;

c) Any Content uploaded, posted or otherwise made available by the User on the Platform;

d) Any violation of any applicable law or regulation by the User;


9. Account Termination

9.1 Termination by the User

The User may terminate their account at any time by accessing the account settings on the Platform and following the instructions for termination, except when this User has signed a separate Service Provision Contract with SCRIBO, in which case the termination terms determined in the Contract in question apply.


9.2 Termination by SCRIBO

SCRIBO may terminate the User's account at any time, for any reason, upon prior written notice to the User, except when this User has signed a separate Service Provision Contract with SCRIBO, in which case the termination terms determined in the Contract in question apply. SCRIBO may terminate the User's account without prior notice if the User violates this Agreement.


9.3 Consequences of Termination

After account termination, the User will no longer have access to the Platform, and SCRIBO reserves the right to delete all User data and Content after account termination. Before terminating their account, the User may, upon written formalization, request from SCRIBO the data stored on the Platform, as well as the HTML code of the project hosted on the Platform.


10. General Provisions

10.1 Applicable Law and Jurisdiction

This Agreement will be governed and interpreted in accordance with the laws of Brazil, regardless of its conflict of law rules. Any controversy, action or legal proceeding arising from or related to this Agreement will be submitted to the exclusive jurisdiction of the competent courts of the city of Belo Horizonte, Minas Gerais, Brazil, waiving any objection to improper forum.


10.2 Notifications

All notifications and other communications will be made in writing and will be considered duly delivered when:

a) Delivered in person;

b) Sent by certified mail, with acknowledgment of receipt;

c) Sent by email to the email address provided by the User on the Platform;


10.3 Severability

If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be invalidated and the remaining provisions shall remain in full force and effect.


11. Changes to the Terms of Service

SCRIBO reserves the right to review and modify this Agreement at any time, at its sole discretion. The changes will be considered valid and effective from the date of publication of the new version of the Agreement on SCRIBO's website, available at https://scribo.dev/terms-of-service.

SCRIBO will notify Users of any significant changes to this Agreement through a prominent notice on the Platform or by email, to the email address associated with the User's account. It is the User's responsibility to periodically check the Terms of Service to stay updated on any changes.

The User's continued use of the Platform after the publication of a new version of the Agreement will constitute the User's acceptance of such Agreement.