Terms of Use

These Terms form a binding agreement between you and NOVAC STACK LTDA (also referred to as "Novac Stack", "we", "us", or "our"). By accessing or using Foundry (the "Service") you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy.

If you are accepting these Terms on behalf of an organization, you represent that you have the authority to bind that organization. If you do not agree to these Terms, you must not use the Service.

You must be at least 16 years old (or the minimum age of digital consent in your jurisdiction) to use the Service. Residents of the European Economic Area must be at least 16 unless local law sets a different threshold; residents of Brazil must be at least 18 to enter into a contract independently, in accordance with the Brazilian Civil Code.

The Service is not directed to children under 13 in the United States; we do not knowingly collect information from them as set out in our Privacy Policy.

To access most features you must create an account. You agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for keeping your credentials confidential and for all activity that occurs under your account.

Notify us immediately at contato@novacstack.com if you suspect unauthorized access. Novac Stack is not liable for losses caused by your failure to safeguard your credentials.

Subject to your compliance with these Terms, Novac Stack grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal use.

You may not:

• copy, modify, translate, or create derivative works of the Service;
• reverse engineer, decompile, or attempt to extract source code, except where this restriction is prohibited by applicable law;
• use the Service to build a competing product or to benchmark without our written consent;
• remove or alter any proprietary notices.

You retain all rights in the content you submit to the Service ("Your Content"). You grant Novac Stack a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and transmit Your Content solely to provide and improve the Service.

You represent that Your Content does not infringe third-party rights and that you have obtained any necessary consents from individuals whose personal data is included in Your Content.

You agree not to use the Service to:

• violate any law or regulation, including export-control, anti-bribery, or sanctions laws;
• infringe intellectual-property, privacy, or publicity rights;
• upload malware or attempt to disrupt, overload, or probe the Service;
• send unsolicited communications or scrape data in violation of these Terms;
• harass, threaten, or impersonate any person.

We may suspend or terminate accounts that violate these rules.

The Service, including its software, design, trademarks, and documentation, is owned by NOVAC STACK LTDA or its licensors and is protected by intellectual-property laws. These Terms do not transfer any ownership rights to you. Feedback you provide may be used by us without restriction or compensation to you.

Paid features are billed as described at checkout. Unless stated otherwise, fees are non-refundable, exclusive of taxes, and payable in the currency presented at purchase. You authorize Novac Stack (or its payment processor) to charge your selected payment method on a recurring basis until you cancel.

Consumers in the European Union and Brazil benefit from statutory withdrawal/cancellation rights described in the order confirmation; nothing in these Terms limits those rights.

The Service may interoperate with third-party products and websites. We do not control and are not responsible for those services. Your use of them is governed by their own terms and privacy policies.

Except as expressly stated and to the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of certain warranties; in that case the exclusions apply only to the extent permitted.

To the maximum extent permitted by law, Novac Stack and its affiliates will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to these Terms or the Service.

Our total aggregate liability for any claim arising out of these Terms is limited to the greater of (a) the fees you paid to Novac Stack for the Service in the 12 months preceding the event giving rise to the claim and (b) USD 100.

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable consumer- protection law (including the EU Consumer Rights Directive and the Brazilian Code of Consumer Defense, Law No. 8.078/1990).

You agree to defend, indemnify, and hold harmless Novac Stack and its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable legal fees) arising out of your use of the Service, Your Content, or your breach of these Terms, to the extent permitted by applicable law.

These Terms remain in effect while you use the Service. You may terminate your account at any time from the account settings.

We may suspend or terminate your access if you materially breach these Terms, if required by law, or if providing the Service to you becomes commercially unreasonable. Sections that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.

These Terms are governed by the laws of the Federative Republic of Brazil, without regard to its conflict-of-laws principles. Subject to the regional provisions below, you and Novac Stack submit to the exclusive jurisdiction of the courts of the district of the Company's registered office in Brazil.

14.1 Users in the United States

Disputes between you and Novac Stack will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may bring an individual action in small-claims court. You and Novac Stack waive any right to a jury trial or to participate in a class action, to the extent permitted by law. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

14.2 Users in the European Union, the United Kingdom, or Switzerland

Consumers retain the protection of the mandatory provisions of the law of the country in which they reside. Nothing in this section deprives a consumer of those protections. The European Commission's online dispute resolution platform is available at ec.europa.eu/consumers/odr.

14.3 Users in Brazil

For users domiciled in Brazil, these Terms are also subject to the Brazilian Code of Consumer Defense (Law No. 8.078/1990) and the Brazilian Civil Framework for the Internet (Law No. 12.965/2014). Disputes may be brought before the consumer's place of domicile, in accordance with Article 101, I of the Code of Consumer Defense.

We may update these Terms from time to time. Material changes will be notified through the Service or by email at least 30 days before they take effect, except for changes required by law that take effect immediately. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

You can reach Novac Stack at contato@novacstack.com or by writing to Brazil.

Company registration number: CNPJ 40.942.532/0001-62.