1. Who is PUPILA and how does the Platform work?

PUPILA is a technology company that helps brands create, manage, and and deploy on-brand creative content through adigital platform powered by artificial intelligence.

The Platform is made available to companies ("CLIENTS") under a contractual agreement, and individuals who access the Platform ("USERS")do so on behalf of or under authorization from a CLIENT.

The Platform allows USERS to store, organize, access, and manage creative assets in a secure digital environment, designed to guide and inspire consistent and strategic brand communication. USERS can create, upload, link, and share information, text, images, illustrations, videos, creative art pieces and other materials ("Content"). The Platform also provides a suite of AI-powered tools for editing and generating visual content. These tools are designed exclusively for brand and product-related purposes and are not intended for processing images of identifiable individuals. Restrictions on this type of content are detailed in Section 4.

Each USER issolely responsible for the Content they upload or generate, including ensuringits legality, accuracy, and appropriateness - particularly when such Content involves images of individuals.

The Platform is fully web-based and does not require any downloads or installation on the USER’s device.

Platform access is organized by user roles, with each role having distinct permissions:

Each CLIENT must designate at least one USER with the role of "Manager," who will act as the account administrator.

All USERS must use the Platform in accordance with these Terms and the internal policies or permissions established by the CLIENT. Any unauthorized use of the Platform may result in suspension or termination of access.

2. What does the USER need to know to use the Platform?

To access and use thePlatform, the USER must:

1. Have a valid usage license, granted by PUPILA through the CLIENT. This license is limited, non-exclusive, personal, non-transferable, and may be revoked at any time in accordance with these Terms. 

2. Provide accurate and up-to-date registration information, including full name, phone number, email address, and company name. 

3. Create a personal login and password. These credentials are confidential, personal,and non-transferable, and must not be shared with others. 

4. Understand that the USER is solely responsible for protecting their login and assword and for any actions taken through the USER's account, whether authorized or not. 

5. Acknowledge that PUPILA is not responsible for any losses, damages, or unauthorize access resulting from the sharing or mishandling of login credentials.

3. How does PUPILA treat its USERS’ data?

The only personal data collected by PUPILA are those registered by the USER when creating their account, namely: full name, telephone number, email and company name. This data is used solely to manage the USER’s access, ensure proper identification, and enable communication between PUPILA and the USER.

For more details on how personal data is processed, stored, and protected, the USER may consult our Privacy Notice, available directly on the Platform. And, whenever they wish, they may contact PUPILA via email at support@pupila.ai.

4. What are the USER's responsibilities when using the Platform?

The USER and CLIENT acknowledge and agree that:

1. They are responsible for all activity carried out through their account on the Platform. The CLIENT is also responsible for all activities carried out by its USERS.

2. PUPILA may use the CLIENT's company name, logo, and content created through the Platform by its USERS in commercial materials such as case studies, portfolios, websites, and social media - strictly for the purpose of showcasing the commercial relationship between the parties.

3. PUPILA may use the results generated by the USER to improve its artificial intelligence tools. Any data or input used for this purpose will be limited to enhancing the services provided specifically to CLIENT and its USERS, without contributing to the general or public training of AI models.

4. Even when USERS from different CLIENTS submit identical prompts, the Platform is designed to generate distinct outputs, as each CLIENT's unique visual style and brand identity directly shape the results. In cases where two CLIENTS share very similar visual identities, outputs may occasionally resemble each other — which further reinforces the importance of building original, distinctive brand identities. In all cases, each output is generated exclusively for the CLIENT, and PUPILA does not share or reuse any CLIENT's content with other clients. Not with standing the foregoing, the USER and the CLIENT acknowledge that, due to the probabilistic nature of generative AI, including the third-party models underlying the Platform, occasional probabilistic coincidences may occur, and similar outputs may be independently generated for other users of the same underlying models, without this constituting any breach of these Terms by PUPILA. 

5. Both the USER and the CLIENTmust indemnify PUPILA and third parties for any damages resulting from actions or omissions that breach these Terms, any Platform policies, or applicable law.

5. What are PUPILA's limitations on liability?

The USER and the CLIENT understand that the Platform is constantly evolving — PUPILA regularly performs updates, improvements, and fixes. These updates may occasionally cause temporary down time, problems, failures or instability. PUPILA is not responsible for any issues arising from such updates. Since the Platform runs in a cloud environment, rare issues with the cloud provider may also impact availability. PUPILA will always do its best to minimize these issues and restore access quickly.

‍PUPILA uses security measures in line with world-class standards to protect USER data. However, the digital environment is not risk-free. Despite these protections, cyber security threats may still occur. The USER and the CLIENT accept this risk. Because of this, PUPILA is not responsible, under any circumstances, for any type of damage or loss, including indirect damages or lost profits.

The USER and the CLIENT acknowledge that all outputs generated by the Platform, including information, analyses, product images, visual compositions, interface mockups, and virtual clothing representations, are produced by artificial intelligence based on available data and may not fully reflect reality or faithfully represent the original products, services, or interfaces. PUPILA is not responsible under any circumstances for decisions or business action staken based on such outputs, including any financial losses arising there from. Any use of Platform outputs for commercial, advertising, or marketing purposes is the sole responsibility of the CLIENT, who must verify the content's compliance with applicable law, including consumer protection legislation. Some of these AI models and services are made available through infrastructure and model-aggregation providers, such as FAL.AI. The USER and the CLIENT acknowledge that Content and prompts submitted to the AI features may be transmitted to, processed by, and hosted by such providers and by the underlying third-party model providers, including on servers located outside Brazil, solely to generate the requested Outputs.

Additionally, PUPILA is not responsible for damages caused by:

1. Third-party software: Any issues arising from the software and services used to run the Platform — whether created by PUPILA or third parties — including how they function or the results they generate.
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2. Performance issues: Any slowdowns, access problems, loss of data, errors, or technical failures that impact use of the Platform.

3. Uncontrollable events: Events such as natural disasters, outages, cyberattacks, or other forces beyond PUPILA’s control that disrupt access or functionality.

4. Internet issues: Errors or disruptions in the USER’s internet connection that interfere with the use of the Platform or the transmission of information.

5. Viruses or malware: Any damage caused by harmful software that affects your computer, or documents, even if the source appears to be the Platform.

6. Platform maintenance or instability: Any issues caused by the system changes and updates described earlier in this section.

‍PUPILA may change or update the Platform’s features and functionality at any time — including to fix errors — without prior notice to the USER or the CLIENT.

6. What are the Intellectual Property Rights of the Platform?

The Platform's infrastructure, interface, and technology — including the website design, software, source code, icons, graphics, sounds, and Platform functionalities — belongs to PUPILA or to third parties who gave PUPILA permission to use them. This clause refers exclusively to PUPILA's proprietary technology and does not include any content generated byusers through the Platform. These materials are protected by Brazilian intellectual property laws (Laws No. 9,279/96, 9,609/98,and 9,610/98), applicable international intellectual property treaties — including the Berne Convention, the Paris Convention, and the TRIPS Agreement — and the laws of the CLIENT's jurisdiction where applicable.

You cannot copy, reproduce, distribute, or use any part of the Platform's content or design without express permission. Doing so may result in legal action, including civil or criminal penalties against the USER and/or the CLIENT.

The CLIENT is responsible for ensuring that all its USERS comply with these intellectual property restrictions and will be held liable for any violations committed by its USERS.

‍All logos, trade marks,trade names, and other brand elements used on the Platform are owned by PUPILA or third parties who licensed or authorized their use to PUPILA. Just because you're using the Platform does not mean you’re allowed to use these elements yourself.

✅ Note: Any trademarks, logos, or other branding the CLIENT own remain the CLIENT's property.

‍Content Created by the User

‍The CLIENT retains all rights, title, and interest in and to the Content uploaded or provided as input to the Platform. With respect to outputs generated by the Platform's AI-powered features ("Outputs"), PUPILA here by assigns to the CLIENT all of PUPILA's right, title, and interest, if any, in and to such Outputs, to the fullest extent permitted by applicable law.

The CLIENT acknowledges that the ownership of AI-generated content is subject to evolving legal frameworks and may vary across jurisdictions. The CLIENT is solely responsible for assessing the protect ability of any Output in its jurisdiction. 

By using the Platform, the USER and the CLIENT grant PUPILA a non-exclusive, royalty-free, worldwide license to use Content and Outputs solely to: (i) host, store, reproduce, process, adapt, format, and transmit Content and Outputs, including to the third-party infrastructure and AI model providers identified in these Terms, solely to the extent necessary to operate, provide, secure, and support the Platform; (ii) display examples of Platform capabilities in PUPILA's portfolio and marketing materials; and (iii) improve and personalize the CLIENT's experience on the Platform, without contributing to the general or public training of AI models. This license remains valid during the term of the commercial agreement and for ninety (90) days following its termination, unless the CLIENT requests earlier removal in writing. Upon receipt of such request, PUPILA will remove the CLIENT's content from its commercial materials within 30 (thirty) business days.

The CLIENT is responsible for ensuring that all content uploaded by its USERS complies withapplicable laws and that the CLIENT has the necessary rights to grant these permissions to PUPILA. Each USER is also individually responsible for ensuring that any content they upload complies with applicable laws and does not infringe third-party rights.

7. Continuous development of the Platform

PUPILA is an all-in-one AI-powered platformdesigned to streamline marketing efforts by transforming how brands are managedand on-brand content is created at scale. The platform is constantly evolving and currently features:

• Brand Studio: An AI-powered asset generation engine that produces on-brand creative content based on your brand identity guardrails. The Image Studio creates photos, videos, and illustrations, while the Writing Room generates tone-aligned copy seamlessly optimized for every channel with structured product and audience pre-sets.

• Marketing Powerhouse: A dynamic system that expandskey campaign visuals and messaging into multiple format-specific assets     for on-brand omnichannel campaigns.The Platform iscontinuously evolving. This means new features, tools, and improvements may be added at any time to improve your experience — even those not listed above. PUPILA may use feedback and usage data to better understand user needs, helping to refine the product development roadmap andprioritize which features will be launched next.

The Platform is continuously evolving. This means new features, tools, and improvements may be added at any time to improve your experience — even those not listed above. PUPILA may use feedback and usage data to better understand user needs, helping to refine the product development roadmap and prioritize which features will be launched next.

‍PUPILA values collaboration and encourages USERS to share feedback, suggestions, and ideas to help shape the Platform. Occasionally, USERS may receive optional surveys via email. These are not required, but your input is highly appreciated.
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Platform Updatesand Changes


PUPILA can update or change the Platformat any time — including by:

•Adding new features or removing outdated ones,
•Adapting to technical or market conditions,
•Making changes for legal or security reasons.

These changes may occur even before these Terms are updated. By continuing to use the Platform, the CLIENT and its USERS agree to any new updates or improvements.

‍Important: PUPILA is not responsible for any problems, failures, or damages that may happen during or after an update — even if it temporarily affects how the Platform works.

‍PUPILA will always try to avoid any substantial negative impact on the Platform’s functionality. If any major changes are expected to significantly affect your experience, PUPILA will make a commercially reasonable effort to notify you in advance using available communication channels (e.g., email, in-app message).

8. How much will I have to pay and how?

Contracted Access

‍Access to the Platform requires a separate commercial agreement between the CLIENT and PUPILA. Pricing, payment terms, and the specific scope ofservices are defined in that agreement and may vary according to the CLIENT's requirements. In the event of any conflict between these Terms and the commercial agreement regarding pricing or payment, the commercial agreement shall prevail.

‍Cancellation

‍The CLIENT may terminate the commercial agreement in accordance with the termination clauses, notice periods, and procedures specified in the individual contract between the CLIENT and PUPILA.

‍⚠️ Please note: If the CLIENT terminates the agreement, no refunds will be issued for amounts already paid. Any unpaid fees become due immediately. Upon contract termination, all USERS associated with the CLIENT will be migrated to a Viewer profile, under which they may access the Platform, consult projects, and download files for a period of ninety (90) days.

9. What are the rules for Termination of these Terms and cancellation of access to the Platform?

Individual USERS may stop using the Platform, but their access is controlled by the CLIENT and subject to the terms of the CLIENT's commercial agreement with PUPILA. If a USER wishes to discontinue access, they must contact the CLIENT's designated Manager, who can request and proceed the USER's removal.

‍PUPILA reserves the right to limit, suspend, or terminate specific USER access or the entire CLIENT's account and all associated USER accounts — with or without notice — in the following cases:

1. Violation of rules or laws: If the CLIENT or its USERS break any of these Terms, the main agreement (if applicable), or any relevant law — including failure to pay for the services you subscribed to.

2. Platform shutdown: If PUPILA decides to permanently deactivate the Platform, we will send an official notice via email to the CLIENT. No compensation or refund will be provided in this case.

‍PUPILA may also block access or refuse access to the Platform for CLIENTS or specific USERS who violate intellectual property rights, breach the commercial agreement or these Terms of Use, or other wise misuse the services. PUPILA reserves the right to suspend individual USERS or terminate the entire CLIENT agreement, at PUPILA's sole discretion.

10. How can I contact PUPILA?

You can contact us through the email at support@pupila.ai.

11. What else should I know about these Terms?

Updates to the Terms: These Terms may be updated at any time, unless the law requires otherwise. The latest version takes effect as soon as it's published. We will notify you inadvance via email or platform message when changes are made. By continuing to use the Platform after the update, you agree to the new Terms.

‍If part of the Terms is invalid: If any part of these Terms is found to be invalid or unenforceable, it will be interpreted in a way that matches the original intent and complies with the law. The rest of the Terms will still apply as normal.

‍No waiver of rights: If PUPILA doesn’t immediately enforce a right under these Terms, that doesn’t mean we’re giving it up. We can still choose to enforce it later within thelegal deadlines.

‍Force majeure: Neither the CLIENT nor PUPILA will be held responsible for failures or delays caused by unforeseeable events (like natural disasters, wars, or major system outages) that are beyond anyone’s control.

‍Transfer of rights: PUPILA may assign or transfer its rights and responsibilities under these Terms to: Subsidiaries or affiliates, Companies that acquire our business, shares, or assets,  Another company in a corporate restructuring or merger.

‍Marketing permission: Marketing use of CLIENT's name and logo is governed by Section 4 of these Terms.

‍PUPILA will never sell your data to third parties for marketing purposes. Any other rights touse CLIENT’s name or content will be agreed separately in other documents.

12. What is the Law and Jurisdiction applicable to these Terms?

PUPILA will make every effort to ensurethat any disputes are resolved out of court, through peaceful and consensual methods. Therefore, we are always available to listen to the CLIENT to find the best way to resolve your request through our digital channels.

If an amicable solution is not possible, we inform the CLIENT that these Terms will be governed, interpreted and executed in accordance with the Laws of the Federative Republic of Brazil, with the Court of the District of São Paulo/SP being competent to resolve any requests arising from this document.

Update

Last updated in July/2026