Loja.Top

    Terms of Service

    Last updated on: 2023-07-04.

    Promise LTDA, CNPJ 49.110.260/0001-09, holder of the MermAId and Loja.Top brands, ("Promise", "we"), establishes this terms of service ("Terms") which regulates the use of our services ("Services") through our websites, platforms, and software applications ("Platform").

    1. Definitions

    "Users": Any individual or legal entity that accesses and/or uses the Services.

    "Platform": Refers to the websites, apps, tools, platforms, or other devices operated by Promise LTDA, through which the Users can use the Services.

    "Services": Refers to the services provided by Promise LTDA, including, but not limited to, e-commerce services, artificial intelligence chatbot, among others available on the Platform.

    "Content": Refers to any data, text, image, sound, video, graphic, computer code, software, information, or other material that Users upload, transmit, post, share, or display on the Platform or through the Services.

    "Artificial Intelligence (AI) Chatbot": It is a computer program that simulates human conversation (or interaction) using natural language processing methods and machine learning.

    "Generative Artificial Intelligence (AI)": Refers to a subfield of artificial intelligence that employs technologies capable of generating original and creative content based on learning from a large amount of data.

    "AI Hallucinations": The term is used to describe situations where AI produces results that do not have a direct correspondence with training data or are considered unexpected or erroneous. For example, a generative language model can "hallucinate" details in a text that were not present in the input data.

    2. Legal Capacity

    By using the Services, the User declares to be over 18 years old or emancipated. Minors under 18 and persons who do not have legal capacity must be assisted or represented by their parents or legal guardians.

    3. User Registration and Sign Up

    For access to certain functionalities of the Platform, it may be necessary for the User to register and/or create an account, must provide truthful, updated, and complete information.

    4. Use of Data, Privacy (LGDP)

    We respect the privacy of our Users. The collection, use, and protection of the User's personal data are described in our Privacy Policy, which complies with the General Data Protection Law (LGPD).

    5. Information Access by Partner Companies (“Marketing”, “Analytics”)

    Users agree that some information may be shared with partner companies for marketing and data analysis purposes, always in compliance with the LGPD and our Privacy Policy.

    6. Disclaimer

    The Services are provided "as is" and without any kind of warranties, whether express or implied. We do not guarantee that the Services will be uninterrupted, secure, or error-free. Promise LTDA disclaims, to the fullest extent permitted by law, any liabilities for damages of any kind that may be due to the lack of availability or continuity of the operation of the Services and the Platform.

    Additionally, Promise LTDA will not be liable for any indirect or consequential loss, including loss of business, profits, revenue, data, opportunities, reputation or business interruption, or losses relating to the use of the User's hardware or software devices to access the Platform or use the Services.

    6.1 Generative Artificial Intelligence

    Our Services make use of Generative Artificial Intelligence ("Generative AI") technology, for conversation purposes ("Chatbot"), answering questions, translation, production, editing and enhancing of text, images, audio and video, among others.

    Although extremely useful, the technology of Generative AI is still in its infancy, and like all new technology, it has limitations and defects. Specifically, all current Generative AI systems, whether developed by us or provided by third parties, are subject to sporadic production of incorrect information, known in the industry as "Hallucinations". In addition, these systems are developed by ingesting massive databases, on the order of billions or trillions of files, which despite prior curation, may contain inaccurate, outdated, or biased information.

    We follow industry best practices to minimize the frequency of "Hallucinations", as well as to limit the negative social impact of Generative AI on our products. Specifically: (a) All Content generated by Generative AI and not reviewed by humans is explicitly marked as such; (b) Content filters and technical measures are used to ensure "Alignment" of the Content to ethical, professional, social and legal values.

    By using the Services, the User acknowledges that (a) We are not responsible for any errors, Hallucinations, or omissions in the content provided by the Platform that may arise as a result of the use of Generative AI technology. (b) The Content produced through Generative AI technology does not represent our opinion, values, and (c) no Generative AI agent officially represents us.

    7. Intellectual Property

    7.1 Of the Service

    All intellectual property related to the Services is our property, including, but not limited to, texts, images, graphics, videos, trademarks, patents, utility models, industrial designs, software, sounds, databases, networks, files or any other form of knowledge that may be protected by intellectual property and industrial property laws. The User agrees that they will not violate any intellectual property right of the Platform and the Services and that they will not sell, license, or exploit for any commercial purposes, any part of the Platform or the Services, without the due express authorization of Promise LTDA.

    7.2 Of the User

    When generating and submitting Content to the Platform, the User retains all intellectual property rights they have over their Content. However, the User grants Promise LTDA a perpetual, global, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works, distribute, publish, perform, display, and process the Content in any media or distribution method, currently known or yet to be developed, to provide the Services and operate the Platform.

    7.3 Of Third Parties

    Users guarantee that they hold all necessary rights to grant these permissions and that their Content does not infringe the rights of third parties, including intellectual property rights, privacy or publicity.

    The sale of products on the Platform or that infringe in any way on the intellectual property of third parties is expressly prohibited. ("Counterfeit" or "Pirate" Products) Users who violate this prohibition may have their access to the Platform and the Services suspended or terminated, without prejudice to other legal actions that may apply.

    8. Reverse Engineering and Responsible Disclosure of Vulnerabilities

    It is prohibited to reverse engineer, compile or decompile, modify, or create derivative works from the Services or any part of them, except for uses expressly permitted by law or for the responsible discovery of vulnerabilities, provided that these activities do not cause harm to the system's stability, security or performance.

    Users who identify possible vulnerabilities or security flaws should immediately report them to Promise LTDA, in a responsible and non-exploitative manner. This includes, but is not limited to, not publicly disclosing the flaw or vulnerability before Promise has had the opportunity to assess and, if necessary, remedy the situation.

    Under no circumstances is it permitted to use possible vulnerabilities or security flaws to commit illegal acts, harm other users, compromise the integrity of the platform, obtain undue gains or invade the privacy of third parties. Non-compliance with these guidelines may result in the suspension or banning of the user, in addition to possible legal actions.

    9. Jurisdiction

    The court of the district of Belo Horizonte, Minas Gerais, Brazil, is chosen to resolve any dispute arising from this Term, expressly waiving any other, no matter how privileged it may be.

    By accessing the Platform and using our Services, the User accepts this Term in its entirety, committing to respect it.

    10. Changes to the Terms

    Promise LTDA reserves the right to change these Terms at any time, at its sole discretion. If we make changes, we will provide written notice, which may be through the Platform, by email, or by other suitable means of communication. Continued use of the Services after the communication of changes to the Terms constitutes acceptance of these changes by the User. We recommend that the User regularly review these Terms to stay informed about any changes.

    11. Conditions for Selling on the Platform

    Those who carry out sales through our Platform declare and guarantee that they are legally able to do such activity, with all necessary registrations, permissions, fees and taxes up to date, in accordance with applicable laws, including but not limited to, the possession of a valid CNPJ and the National Classification of Economic Activities (CNAE) corresponding to the activity of selling products or providing services.

    Sellers commit to calculate, collect and remit all taxes, fees and other charges associated with the sale of products or the provision of services, as required by applicable laws.

    11.1 Prohibited Items

    The sale of dangerous, illegal or regulated items on our Platform is strictly prohibited. This includes, but is not limited to, firearms, ammunition, explosives, illicit drugs, prescription drugs without a prescription, counterfeit products, materials that infringe intellectual property rights, and any other items that current legislation prohibits.

    Promise LTDA reserves the right to remove such items from the Platform, cancel accounts and/or report the activity to the competent authorities. The User is responsible for complying with all laws and regulations applicable to the sale of their items.