Terms of Use

1. Who contracts and who provides

These terms govern the use of the UXTap platform, available at uxtap.app, provided by Qualitap Soluções e Serviços Ltda. (QualiTAP), registered under CNPJ 59.701.681/0001-68, headquartered in Osasco/SP, Brazil, email contato@paineltap.com.br ("UXTap", "we"), to whoever contracts the service ("Customer", "you").

1. 1.1The following form part of this contract and must be read together: the Privacy Policy, the Data Processing Agreement, which prevails on personal data matters, the Acceptable Use Policy, the Service Level Agreement and the Cancellation and Refund Policy.
2. 1.2To create the account, you tick a separate, unticked box stating that you have read and accept these terms and the Privacy Policy. We record the date, time and version of the documents accepted.
3. 1.3If you accept on behalf of a company, you declare that you have the authority to bind it, and "you" will then refer to that company.
4. 1.4You declare that you are over 18 years of age and legally capable. The platform is not offered to minors as contractors.

2. Purpose and license of use

UXTap is software offered as a service for user research: study setup, distribution via public link, response collection, session recording when enabled, results analysis, and report generation.

1. 2.1We grant you a limited, revocable, non-exclusive and non-transferable license to use the software, for the term of the subscription, for use by the Customer and by the users it invites to its workspace, in accordance with these terms.
2. 2.2The license is for using the service over the internet. There is no sale, assignment, or delivery of source code, and no ownership rights over the software are transferred.
3. 2.3It is forbidden to copy, decompile, reverse engineer, resell, sublicense, rent, or make the service available to third parties outside your workspace, unless with our written authorization.
4. 2.4Access is by account and password. You can invite people to your workspace in the roles of administrator, editor, and reader, and you are responsible for what they do.

3. Plans, allowances and limits

Each plan has monthly allowances — responses, active studies, editor seats, artificial intelligence analyses, voice and transcription minutes and recording storage — published on the pricing page and in the dashboard. Allowances belong to the workspace.

1. 3.1The monthly response allowance renews at 00:00 UTC on the first day of each calendar month, regardless of the subscription billing date. Each completed response counts toward the month in which the session began. Unused allowance does not roll over to the next month.
2. 3.2Once the response allowance is reached, new participations are unavailable until the monthly allowance renews or the workspace switches to a plan with available capacity. Sessions already started can be completed; responses exceeding the allowance are preserved and remain subject to the plan access limit. We notify you when usage reaches 80% and 100%.
3. 3.3Artificial intelligence features, watermarks on public reports, and retention period for recordings vary according to the contracted plan.
4. 3.4We may apply daily technical limits on the use of artificial intelligence, voice synthesis and transcription, and file uploads, to curb abuse and cost. These limits are informed in the dashboard when reached.
5. 3.5Plan upgrades take immediate effect, with proportional billing. Plan downgrades take effect in the next cycle.

The quota protects the service, not your research: participants who were already responding when the quota closed can finish, and those responses are preserved.

4. Price, billing, and renewal

1. 4.1Prices are in Brazilian Reals and are published on the pricing page. The free plan does not require a card.
2. 4.2Billing is processed by Stripe, using the payment methods available at checkout. We do not store card numbers on our servers.
3. 4.3The subscription renews automatically for the same period, monthly or annual, until you cancel. The renewal price will be the current price, adjusted as set out in item 4.5. Any price change for the renewal will be communicated by email at least 30 days before the renewal date, and you may cancel before then at no cost.
4. 4.4In the annual plan paid upfront, the value is equivalent to ten monthly payments: two months are granted as a discount for annual contracting.
5. 4.5Prices may be adjusted once every 12 months, by the variation of the IPCA in the period or, in its absence, by a substitute index. Adjustments outside this periodicity are only valid for future cycles and with 30 days' notice.
6. 4.6If a payment fails, we notify you by email on the same day the failure is identified, and Stripe may retry the charge according to the payment method policy. There is a 7-calendar-day grace period to settle it; if payment is not settled within that period, paid benefits move to the free plan limits.
7. 4.7After a failed renewal, usage switches to the free plan limits. Media created before suspension keeps its contracted retention period, even if the subscription is canceled after the failure. New media is kept for the contracted period while the charge can still be settled, up to 30 days from the suspension; after that, or upon cancellation, it follows the free plan period. Expiry dates already set are not extended automatically.

5. Participant recruitment credits

Participant recruitment is provided by the partner panel OpinaTAP. In this arrangement, QualiTAP acts as an intermediary: it sells the credits, sends the study criteria to the panel and tracks participations.

1. 5.1You may buy credits for participant recruitment, paid in advance through Stripe, using the payment methods available at checkout.
2. 5.2Credits are held in a workspace wallet and can be used across more than one study. The amount is reserved when you request recruitment and is consumed only by each accepted complete participation.
3. 5.3When recruitment ends, the reserved and unconsumed amount automatically returns to the wallet.
4. 5.4Credits do not expire.
5. 5.5The unreserved balance can be refunded in money, through the same payment method when possible, upon request when closing the account.
6. 5.6Payment of incentives to participants is the responsibility of the partner panel.
7. 5.7If you contract as a consumer, you may withdraw from the purchase of unused credits within 7 calendar days, as set out in clause 6.

6. Right of withdrawal and cancellation

The contract is made online, outside a commercial establishment. Therefore, if you contract as a consumer, as defined by law, you have a right of withdrawal.

1. 6.1You may withdraw within 7 calendar days of the subscription or purchase date by writing to contato@paineltap.com.br or cancelling in the dashboard. Within that period, we refund the full amount paid, with monetary adjustment, without any penalty.
2. 6.2We will immediately confirm receipt of the withdrawal request and, within the same timeframe, notify the financial institution or card issuer so that the transaction is not charged on the statement or is reversed.
3. 6.3After this period, cancellation can be made at any time in the dashboard and takes effect at the end of the period already paid: you maintain access until then and are not charged in the next cycle.
4. 6.4There is no proportional refund for a period already started outside the right of withdrawal, except when the interruption results from our failure, as per the Cancellation and Refund Policy.
5. 6.5Cancelling the subscription does not close the account: it moves to the free plan and the data remains stored. To delete the data, close the account in the dashboard or request it by email.
6. 6.6After cancellation, your data follows the deadlines of the Cancellation and Refund Policy and the Privacy Policy. We recommend exporting reports, responses, and videos before the end of the contracted period.

7. Your content and our intellectual property

1. 7.1You retain all rights to what you submit: prototypes, images, texts, brands, questions, and results of your studies.
2. 7.2You grant us a free, limited, and non-exclusive license to store, reproduce, technically adapt, and display this content only to the extent necessary to operate the service for you, including to display the screens to participants and generate analyses.
3. 7.3You declare that you have the necessary rights over what you submit and are responsible to third parties for any violation of copyright, trademark, or trade secret.
4. 7.4The platform, the UXTap brand, the code, the screen design, the study templates, and the documentation are ours or our licensors', and nothing in these terms transfers these rights.
5. 7.5We will only cite your name or brand as a customer in marketing materials with your express authorization, which may be revoked at any time.
6. 7.6By publishing a public link to a report, clip or compilation containing participants’ image or voice, you declare that you have those participants’ authorization for that use. You may revoke the link at any time.

8. Acceptable Use

The Acceptable Use Policy, published on its own page, is part of this agreement and details what cannot be done on the platform.

1. 8.1It is forbidden to use the platform for illegal, deceptive, discriminatory activity, for harassment, or to violate third-party rights.
2. 8.2It is forbidden to collect sensitive personal data without demonstrable necessity and without adequate legal basis, and it is forbidden to ask participants for passwords, card numbers, or documents without a legitimate and informed purpose.
3. 8.3UXTap is not intended for people under 18. If you include minors as participants, you declare that you have obtained the specific and highlighted consent of at least one parent or legal guardian, as required by article 14 of the Brazilian General Data Protection Law, and you are responsible for obtaining, proving and keeping it.
4. 8.4It is forbidden to attempt to circumvent technical limits, overload the platform, scrape data automatically, or access areas for which you do not have permission.
5. 8.5Non-compliance may lead to content removal, suspension of the study or account and, in severe cases, immediate termination, without prejudice to losses and damages.

9. Tests on third-party websites

The platform allows you to ask the participant to perform a task on a real website, with recording of clicks, scrolling, visited pages, and screenshots, through a browser extension or code installed on your own website.

1. 9.1By creating such a study, you declare to be the owner of the indicated website, have authorization from the owner, or be dealing with public content whose observation is lawful and compatible with the terms of use of that website.
2. 9.2You are solely responsible for the instructions given to the participant and for any violation of the terms of use, privacy policy, or rights of the tested website.
3. 9.3We do not capture typed text, form field content, or keystrokes on third-party websites. Nevertheless, screenshots may contain information displayed on the page, including participant account data, and it is your responsibility to instruct the participant not to use real accounts when this is sensitive.
4. 9.4The extension only collects during an active UXTap test and only on the domain indicated by the study. Otherwise, it remains inactive.
5. 9.5We may remove a real website study upon reasoned notification from the website owner.

This clause transfers to you a risk that is inherently yours: we provide the tool, you choose the test target and what you ask the participant.

10. Participants and data protection

1. 10.1Regarding the data of your study participants, you are the controller and we are the processor, under the terms of the General Data Protection Law. We process this data only according to your instructions and the Data Processing Agreement.
2. 10.2It is your responsibility to define the legal basis for processing, adequately inform the participant, not collect more than necessary, and respond to data subjects' requests, with our technical support.
3. 10.3Regarding registration and platform usage data by your users, we are the controllers, as per the Privacy Policy.
4. 10.4The list of subprocessors is published on its own page and may change. Relevant changes, including the addition of a subprocessor or a change in the country of processing, are communicated by email to the account holder and published on the subprocessors page 30 days in advance. You may object on reasonable grounds and, if there is no technical alternative, terminate without penalty.

11. Artificial intelligence

1. 11.1Artificial intelligence features, such as transcription, themes, reports, suggestions, clickable area detection, and the automated interviewer, produce probabilistic results and may contain errors. Review before making decisions based on them.
2. 11.2These features use contracted artificial intelligence providers, with processing in the United States, listed by function on the subprocessors page. We contract these providers under paid business terms and do not authorize the use of the data sent for model training.
3. 11.3You must not send to artificial intelligence features unnecessary sensitive data, third-party trade secrets, or content whose transmission to these providers is prohibited to you.
4. 11.4The automated interviewer identifies itself as artificial intelligence to the participant before the conversation begins.

As of the date of this version, the Brazilian legal framework for artificial intelligence (Bill 2338/2023) is still pending in Congress and is not law. This clause will be reviewed when a regulation is in force.

12. API and integrations with external tools

1. 12.1You may connect external tools to UXTap, including artificial intelligence assistants, via API key or the MCP server, with the scopes you authorize.
2. 12.2Data accessed by those tools leaves UXTap on your instruction and is then processed under your responsibility and under the terms of the provider you chose.
3. 12.3You may revoke keys and connections at any time in the dashboard.

13. Availability, maintenance, and support

1. 13.1We make efforts to keep the service continuously available, with the goals and exceptions described in the Service Level Agreement.
2. 13.2We may perform scheduled maintenance, with prior notice when an impact is foreseen, and emergency maintenance without notice, when necessary for the security or integrity of the service.
3. 13.3Support is provided by email on business days, at contato@paineltap.com.br, with an effort to respond within one business day.
4. 13.4We may change, suspend, or discontinue features. Relevant discontinuation of a contracted feature is notified 60 days in advance, and you may terminate without penalty if it is essential to your use.

15. Confidentiality

1. 15.1Each party undertakes to keep confidential information of the other to which it has access by reason of this contract, including unreleased prototypes, research results, negotiated prices, and technical information.
2. 15.2The obligation is valid during the contract and for 5 years after its termination, and does not cover public information, already known without a duty of confidentiality, independently developed, or required by a competent authority, in which case the party will notify the other whenever possible.
3. 15.3Upon request, we enter into a specific confidentiality agreement before sending sensitive material.

16. Access logs

As an application provider constituted as a legal entity, we keep application access logs for a period of 6 months, as per article 15 of the Internet Civil Rights Framework, under confidentiality and in a controlled environment.

1. 16.1These logs may be provided upon court order, and retention may be extended by authority request, under the terms of the law.
2. 16.2The retention period for these logs is independent of data deletion requested by you or a data subject.

17. Term, termination, and effects

1. 17.1The contract is valid for an indefinite period, as long as there is an active subscription or account in use.
2. 17.2You may terminate at any time via the panel. We may terminate with 30 days' notice, or immediately in case of serious violation, illegal use, prolonged default, or risk to platform security.
3. 17.3Upon termination of the contract, access is interrupted and data follows the terms of the Cancellation and Refund Policy, at the end of which they are irreversibly deleted.
4. 17.4The clauses of intellectual property, confidentiality, limitation of liability, data protection, and jurisdiction survive termination.

18. Changes to these terms

1. 18.1We may change these terms. Relevant changes are communicated by email or on the panel 30 days in advance.
2. 18.2Use of the service after its effective date implies acceptance. If you do not agree, you may terminate before the effective date, without penalty, with a proportional refund for the paid and unused period.
3. 18.3The current version is always on this page, with version number and date.

19. General provisions

1. 19.1You may not assign this contract without our consent. We may assign it in case of corporate reorganization, merger, spin-off, or sale of assets, maintaining the contracted conditions.
2. 19.2Tolerance regarding the non-compliance with any clause does not imply novation or waiver.
3. 19.3If any clause is deemed invalid, the others remain in force.
4. 19.4Communications are sent to the email registered in the account and to contato@paineltap.com.br.
5. 19.5This contract is governed by Brazilian law. The courts of the district of Osasco, SP, Brazil, where QualiTAP is headquartered, are chosen as the venue, without prejudice to the consumer’s right to sue in the courts of their domicile.
6. 19.6The Spanish and English versions of these terms are courtesy translations. In case of discrepancy, the Portuguese version prevails.