Terms of Use

1. Who contracts and who provides

These terms govern the use of the UXTap platform, available at uxtap.app, provided by Painel TAP, registered under CNPJ 59.701.681/0001-68 ("UXTap", "we"), to those who contract the service ("Client", "you").

1. 1.1By creating an account, contracting a plan, or using the platform, you declare that you have read and accepted these terms, the Privacy Policy, and the Acceptable Use Policy, which are an integral part of this agreement.
2. 1.2If 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.
3. 1.3You 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 personal, limited, revocable, non-exclusive, and non-transferable license to use the software, for the term of the subscription, exclusively for your own use 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, response quota, and limits

Plans are charged by the volume of responses collected per month, not by the number of users. The current limits for each plan are published on the pricing page and in the dashboard, within the product.

1. 3.1The quota is counted by completed responses in the current month of the billing cycle and is not cumulative: unused balance does not carry over to the next month.
2. 3.2Upon reaching the quota, new participants will no longer be able to start sessions, and the study will begin to refuse responses until the cycle renews or the plan changes. We notify you when consumption 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 done through Stripe, our payment processor. We do not store card numbers on our servers.
3. 4.3The monthly subscription renews automatically each month, and the annual subscription every 12 months, always at the price in effect at the time of renewal, until you cancel.
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. 4.6In case of payment failure, Stripe attempts new charges according to the payment method's policy. If delinquency persists for 15 days, we may suspend access; for 30 days, we may downgrade the account to the free plan.
7. 4.7Suspension due to delinquency does not immediately delete your data, but the downgraded account will then follow the limits and retention period of the free plan.

5. Right of withdrawal and cancellation

Contracting occurs online, outside a commercial establishment. Therefore, if you are an individual contracting as a consumer, you have the right of withdrawal.

1. 5.1You can withdraw from the contract within 7 calendar days, counted from the subscription date, by writing to contato@uxtap.app or canceling in the dashboard. Within this period, we will fully refund the amount paid, with monetary adjustment, without charging a penalty.
2. 5.2After 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.
3. 5.3There 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.
4. 5.4After 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.

6. Your content and our intellectual property

1. 6.1You retain all rights to what you submit: prototypes, images, texts, brands, questions, and results of your studies.
2. 6.2You 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. 6.3You 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. 6.4The 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. 6.5You authorize us to cite your name and brand as a client in commercial materials. This authorization may be revoked in writing at any time.

7. 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. 7.1It is forbidden to use the platform for illegal, deceptive, discriminatory activity, for harassment, or to violate third-party rights.
2. 7.2It 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. 7.3It is forbidden to recruit minors without the specific consent of at least one parent or legal guardian, as per article 14 of the General Data Protection Law.
4. 7.4It 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. 7.5Non-compliance may lead to content removal, suspension of the study or account and, in severe cases, immediate termination, without prejudice to losses and damages.

8. 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. 8.1By 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. 8.2You 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. 8.3We 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. 8.4The extension only collects during an active UXTap test and only on the domain indicated by the study. Otherwise, it remains inactive.
5. 8.5We 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.

9. Participants and data protection

1. 9.1Regarding 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. 9.2It 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. 9.3Regarding registration and platform usage data by your users, we are the controllers, as per the Privacy Policy.
4. 9.4The list of sub-processors is published on a dedicated page and may change. Relevant changes are announced 30 days in advance, and you may object with cause, in which case you may terminate without penalty if there is no technical alternative.

10. Artificial intelligence

1. 10.1Artificial 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. 10.2These features use external providers, identified on the sub-processors page. We contract these providers in a manner that does not authorize the use of submitted content to train third-party models.
3. 10.3You 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. 10.4The 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.

11. Availability, maintenance, and support

1. 11.1We make efforts to keep the service continuously available, with the goals and exceptions described in the Service Level Agreement.
2. 11.2We 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. 11.3Support is provided by email on business days, at contato@uxtap.app, with an effort to respond within one business day.
4. 11.4We 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.

12. Warranties and limitation of liability

1. 12.1The service is provided as is. We do not guarantee that it will meet a specific purpose not informed in writing, nor that it will operate free of errors or interruptions.
2. 12.2We are not responsible for the content you or your participants insert, nor for business decisions made based on the results.
3. 12.3Except for fraud, gross negligence, or violation of a legal duty, our total liability, summing all claims, is limited to the amount actually paid by you in the 12 months preceding the triggering event.
4. 12.4We are not responsible for lost profits, loss of opportunity, indirect damage, or reputational damage, unless otherwise provided by law.
5. 12.5The limitations of this clause do not waive rights that the law assures to the individual consumer.

13. Confidentiality

1. 13.1Each 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. 13.2The 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. 13.3Upon request, we enter into a specific confidentiality agreement before sending sensitive material.

14. 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. 14.1These logs may be provided upon court order, and retention may be extended by authority request, under the terms of the law.
2. 14.2The retention period for these logs is independent of data deletion requested by you or a data subject.

15. Term, termination, and effects

1. 15.1The contract is valid for an indefinite period, as long as there is an active subscription or account in use.
2. 15.2You 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. 15.3Upon 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. 15.4The clauses of intellectual property, confidentiality, limitation of liability, data protection, and jurisdiction survive termination.

16. Changes to these terms

1. 16.1We may change these terms. Relevant changes are communicated by email or on the panel 30 days in advance.
2. 16.2Use 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. 16.3The current version is always on this page, with version number and date.

17. General provisions

1. 17.1You 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. 17.2Tolerance regarding the non-compliance with any clause does not imply novation or waiver.
3. 17.3If any clause is deemed invalid, the others remain in force.
4. 17.4Communications are sent to the email registered in the account and to contato@uxtap.app.
5. 17.5This contract is governed by Brazilian laws. The jurisdiction of the district of São Paulo, SP, is elected, reserving the right of the individual consumer to sue in the jurisdiction of their domicile.