Terms of Use

Last updated: August 5, 2026

1. Identification and acceptance

These Terms of Use (“Terms”) govern access to and use of the Ouvia platform, a technology product operated by SCALEMIND CONSULTORIA LTDA., Brazilian company registration number CNPJ 60.238.900/0001-01, with offices at Avenida Paulista, 726, Room 1202, Bela Vista, São Paulo, SP 01310-910, Brazil (“ScaleMind,” “Ouvia,” “we,” or “us”).

By creating an account, purchasing a plan, accepting an order form, or using the Platform, the contracting person or organization (“Customer”) agrees to these Terms and the Privacy Policy.

A person accepting these Terms for an organization represents that they have authority to bind it. If you do not agree, do not purchase or use the Platform.

2. Definitions

• Platform: Ouvia's website, application, dashboard, APIs, and related features;
• Customer: the legal entity or individual that purchases or manages an account;
• Authorized User: a person authorized by Customer to access the account;
• Participant: a person invited by Customer to take part in research;
• Research Project: the script, questions, rules, and settings created by Customer;
• Customer Content: scripts, instructions, lists, files, data, audio, responses, transcripts, and other materials processed through the Platform;
• Outputs: reports, summaries, classifications, indicators, and analyses generated by the Platform; and
• Plan: the commercial tier, limits, features, billing cycle, and prices presented at purchase.

3. Eligibility and account

An account must be created and managed by an individual who is at least 18 years old and legally capable of contracting. When used for an organization, the User must be authorized to act for that organization.

Customer is responsible for:

• providing accurate and current information;
• maintaining credential confidentiality;
• managing Authorized User permissions;
• preventing improper password sharing;
• all activities under the account; and
• promptly reporting suspected unauthorized access.

Ouvia may request documents or information to verify identity, authority, tax information, fraud risk, or compliance.

4. Service description

Depending on the Plan, Ouvia may allow Customers to:

• create and configure research projects;
• structure scripts with AI assistance;
• conduct voice or text interviews through AI agents;
• record audio, generate transcripts, and organize responses;
• produce dashboards, summaries, classifications, and analyses;
• export data and reports; and
• manage projects, usage limits, and Authorized Users.

Features, limits, languages, integrations, and export formats may vary by Plan, version, or technical availability.

5. Artificial intelligence and human review

AI agents and Outputs rely on probabilistic models. Responses, transcripts, summaries, and classifications may contain errors, bias, omissions, repetitions, or inappropriate interpretations.

Customer must review Outputs before using them in public reports or decisions involving individuals, including decisions concerning health, employment, credit, insurance, education, housing, benefits, advertising, or access to essential services.

Ouvia does not warrant that:

• a transcript will be fully accurate;
• an agent will perfectly follow all instructions;
• Outputs will be complete, unbiased, or fit for a particular purpose;
• a research sample will be representative; or
• Participants will provide truthful information.

The Platform is a support tool and does not replace methodological, statistical, legal, ethical, medical, or other professional review.

6. Customer responsibilities

Customer is solely responsible for:

• defining objectives, methodology, audience, scripts, and eligibility criteria;
• reviewing questions and instructions before publication;
• establishing a valid legal basis for processing;
• providing appropriate privacy and recording notices;
• obtaining consent or authorization when required;
• limiting collection to what is necessary;
• properly handling sensitive information;
• complying with rules involving minors;
• respecting intellectual property, image, voice, privacy, and other third-party rights;
• complying with sector-specific laws concerning elections, health, employment, education, credit, consumer research, and other regulated matters;
• ensuring invitations and communications are not spam or unlawful outreach;
• responding to Participant and data-subject requests; and
• using Outputs lawfully and responsibly.

Templates or suggestions provided by Ouvia do not replace Customer review and are not legal or research-methodology advice.

7. Recordings, privacy, and Participant data

Before or at the beginning of a recorded interview, Customer must clearly disclose the identity of the responsible organization, research purpose, recording and transcription, use of artificial intelligence, Participant rights, and the appropriate contact channel.

For Research Content, Customer normally acts as controller or business and Ouvia as processor or service provider. Customer authorizes Ouvia and its subprocessors to process Customer Content only to provide, protect, and administer the service, follow documented instructions, and meet legal obligations.

The Privacy Policy is incorporated into these Terms. Business Customers may execute a data processing addendum or other specific agreement where required.

8. Sensitive and regulated information

Customer must not use the Platform for sensitive information or information subject to specialized secrecy obligations without first evaluating applicable legal, contractual, technical, and security requirements.

These Terms do not represent that the Platform automatically complies with specialized foreign regimes such as HIPAA, GLBA, FERPA, or similar laws. Information subject to such regimes may be processed only with Ouvia's written authorization and, where necessary, a specific agreement such as a Business Associate Agreement.

Customer must not use Ouvia Outputs as the sole basis for high-impact automated decisions about a person, particularly in health, employment, credit, insurance, education, housing, benefits, or access to essential services.

9. Children

Customer may not direct research to children or teenagers without fully complying with applicable child privacy law, age-appropriate transparency, best-interest requirements, and parental or guardian involvement.

For U.S. Participants, knowingly collecting personal information from children under 13 through Ouvia is prohibited unless Ouvia has provided prior written authorization and Customer has implemented a demonstrably COPPA-compliant process.

10. Participant incentives and payments

All research logistics—including recruitment, invitations, eligibility, duplicate prevention, incentives, prizes, reimbursements, and Participant payments—are solely Customer's responsibility.

Ouvia is not an employer, contracting party, financial intermediary, or payment guarantor. Customer is responsible for:

• publishing clear eligibility rules;
• honoring offers made to Participants;
• paying within promised timeframes;
• handling payment information lawfully and securely;
• meeting applicable tax obligations; and
• resolving complaints and disputes.

11. Acceptable use

Customer and Authorized Users may not:

• use the Platform for unlawful, fraudulent, deceptive, or abusive activity;
• create discriminatory or harmful research;
• collect information without necessity, transparency, or a lawful basis;
• record people secretly or unlawfully;
• infringe intellectual property, privacy, image, voice, or other rights;
• transmit malware, exploit vulnerabilities, or access systems without authorization;
• interfere with service availability, integrity, or security;
• reverse engineer, copy, or bypass technical limits except as permitted by law;
• resell, sublicense, or make the Platform available outside the purchased scope;
• use bots or automation to create artificial consumption, fraud, or overload;
• send identifiable Participant information to analytics or advertising tools (Google Analytics, Google Ads, Meta Pixel, LinkedIn Insight Tag, or similar); or
• systematically extract features, interfaces, or documentation to build or train a competing product.

Ouvia may investigate violations, restrict features, suspend projects or accounts, and cooperate with authorities when appropriate.

12. Subscription, billing, and limits

Plans are purchased on a prepaid subscription basis. Prices and applicable taxes are charged at the beginning of each billing cycle.

Subscriptions may automatically renew until cancelled, as disclosed at purchase. Customer authorizes the payment provider to process recurring charges.

Each Plan may include limits for projects, minutes, interviews, storage, users, exports, or other units. Additional usage may be blocked or charged according to the pricing and rules displayed in the Plan, order form, or checkout.

Customer must maintain a valid payment method. Nonpayment may result in limitation, suspension, or termination, without waiving amounts owed.

13. Cancellation and refunds

Customer may cancel subscription renewal at any time. Cancellation becomes effective at the end of the prepaid period.

Customer will retain access to Plan features and limits through the last day of the current cycle. For example, a monthly subscription beginning January 10 and cancelled January 25 remains available through February 9, unless a different rule was clearly disclosed at purchase.

There are no prorated refunds for unused periods, remaining credits, or early cancellation, except where required by law, stated in an order form, or resulting from a service failure that Ouvia acknowledges in writing.

Mandatory consumer cancellation or cooling-off rights, where applicable, remain unaffected.

14. Price and Plan changes

Ouvia may change prices, limits, and Plan composition. Changes affecting an existing subscription will be disclosed before the renewal at which they take effect, except for tax changes, legal requirements, or obvious corrections.

If Customer does not agree, it may cancel renewal before the next cycle.

15. Backup and account closure

After a subscription ends or an account closes, Customer has 30 days to request a backup or export of available information.

Standard exports follow the features of the Plan. Special consolidation, conversion, migration, recovery, or delivery services may be subject to a fee disclosed in advance.

After this period, Ouvia may delete or de-identify account data, subject to legal retention, legal claims, security, fraud prevention, and technical backup cycles. Customer is responsible for completing its own exports before closure.

Statutory privacy rights requests are not subject to a fee.

16. Intellectual property

Ouvia, ScaleMind, and their licensors retain rights in the Platform, software, code, architecture, interfaces, documentation, brand, visual identity, models, workflows, system prompts, methods, and features, whether or not a trademark has been formally registered.

These Terms grant Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Platform during the subscription term and within the purchased Plan.

Customer retains rights it holds in Customer Content. Customer grants Ouvia a limited license to host, copy, transmit, convert, transcribe, analyze, and display Customer Content only to provide and protect the service, follow instructions, and comply with law.

As between the parties, Customer may use Outputs for lawful purposes, subject to third-party rights, AI-model limitations, and pre-existing Platform elements.

Ouvia may use aggregated operational statistics designed not to identify Customers or Participants for billing, capacity planning, security, business reporting, and understanding service usage. Customer Content is not used to train general-purpose models or improve third-party AI products.

17. Feedback

If Customer provides suggestions, ideas, or feedback, Customer permits Ouvia to use them without compensation, provided that such use does not disclose Customer confidential information or Participant personal information.

18. Third-party services

The Platform depends on infrastructure, AI-agent, transcription, payment, analytics, communication, and other third-party services.

Ouvia will select and manage providers reasonably but does not fully control their systems. Outages, changes, or unavailability may affect the service.

External links, integrations, and services are governed by their own terms and policies. Customer is responsible for integrations it chooses to activate.

19. Availability, maintenance, and changes

Ouvia will seek to keep the Platform available but does not guarantee uninterrupted or error-free operation. Maintenance, updates, internet failures, vendor outages, security events, or force majeure may occur.

Ouvia may modify, replace, or discontinue features. If a change materially reduces an essential paid feature, we will seek to provide reasonable notice unless the change is required for urgent security, legal compliance, or third-party dependency reasons.

Specific service levels apply only if stated in a signed agreement or order form.

20. Suspension and termination by Ouvia

Ouvia may limit, suspend, or terminate an account or Research Project for:

• violation of these Terms or law;
• security, privacy, or Platform-integrity risk;
• fraud, abuse, or artificial consumption;
• nonpayment;
• valid government order;
• use likely to cause material harm; or
• discontinuation of the Platform.

Where reasonably possible, Customer will receive notice and an opportunity to cure. Urgent situations may require immediate suspension.

21. Confidentiality

Each party will protect the other party's confidential information and use it only for the contractual relationship. Information is not confidential if it becomes public without breach, was already lawfully known, was independently developed, or was lawfully obtained from a third party.

Disclosure may occur when required by law or authority, preferably with prior notice where legally permitted.

22. Warranties and disclaimers

The Platform is provided according to availability and the purchased features. To the extent permitted by law, Ouvia disclaims implied warranties of fitness for a particular purpose, complete error-free operation, statistical representativeness, commercial results, or compatibility with every system.

Ouvia is not responsible for:

• Customer's script, methodology, legal basis, or content;
• truthfulness of Participant responses;
• decisions based solely on Outputs;
• incentives or payments promised by Customer;
• loss caused by Customer's failure to request a backup within the stated period;
• internet, device, or third-party outages outside reasonable control; or
• use inconsistent with documentation, law, or these Terms.

Nothing excludes rights or liabilities that cannot lawfully be excluded.

23. Limitation of liability

To the extent permitted by law, Ouvia's total liability arising from the contractual relationship is limited to the fees Customer paid to Ouvia during the 12 months preceding the event giving rise to the claim.

Ouvia is not liable for indirect damages, lost profits, lost opportunity, lost revenue, or damages arising from Customer decisions, where such exclusions are legally permitted.

The limitation does not apply to fraud, willful misconduct, intentional violation, liabilities that must remain unlimited by law, or liability that cannot be limited. A separate business agreement may establish different limits.

24. Customer indemnity

Customer will defend and indemnify Ouvia from reasonable claims, losses, fines, and expenses arising from:

• unlawful Customer Content or scripts;
• missing notices, consent, or legal basis;
• violation of Participant or third-party rights;
• prohibited use;
• incentives, payments, or promises to Participants; or
• Customer or Authorized User breach of these Terms.

This obligation does not apply to the extent a loss was directly caused by Ouvia's proven breach.

25. Force majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disaster, war, government action, widespread telecommunications, power, or cloud failure, large-scale cyberattack, labor disruption, or critical vendor outage.

26. Communications

Ouvia may send account, billing, security, contractual, and operational communications by email, Platform notice, or other registered channels.

Customer must keep contact information current. Essential operational communications are not promotional messages and may be sent while the account remains active.

27. Changes to these Terms

Ouvia may update these Terms. Material changes affecting active subscriptions will be communicated with reasonable advance notice, except where required for law, security, or urgent correction.

Use after the effective date constitutes acceptance, without limiting Customer's ability to cancel renewal or mandatory legal rights.

28. General terms

Failure to enforce a provision is not a waiver. If a provision is invalid, the remaining provisions remain effective and the invalid provision will be enforced to the maximum extent permitted.

Customer may not assign the agreement without Ouvia's consent. Ouvia may assign it in a corporate reorganization, asset sale, financing, or business succession, subject to Customer rights.

These Terms, the Privacy Policy, the purchased Plan, order forms, and addenda constitute the agreement. In case of conflict, a signed specific agreement prevails, followed by the order form, these Terms, and the Privacy Policy for the conflicting subject.

29. Governing law and venue

These Terms are governed by the laws of the Federative Republic of Brazil.

The courts of São Paulo, State of São Paulo, Brazil have jurisdiction, except where mandatory law grants a consumer or protected party a different forum.

For Customers outside Brazil, mandatory local rights that cannot be waived by contract remain unaffected.

30. Contact

Privacy channel: dpo@ouvia.io