PUPILA BRAND STUDIO
TERMS AND CONDITIONS OF USE
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PUPILA BRAND STUDIO LTDA., registered under CNPJ/MF nº 54.172.052/0001-74 ("PUPILA"), is a platform that uses artificial intelligence to revolutionize brand management and marketing. PUPILA seeks to maximize the creative and strategic potential of each brand.These Terms and Conditions of Use ("Terms" or "Document") constitute the formal agreement between individual users ("USER") and the contracting entity ("CLIENT") and PUPILA. For the purposes of these Terms, "USER" refers to any individual who accesses and/or uses the Platform on behalf of a legal entity ("CLIENT") that has entered into a separate commercial agreement with PUPILA. USERS may be employees, contractors, or representatives of the CLIENT.By using the Platform, the USER acknowledges and agrees that their access is granted as part of the CLIENT's contractual relationship with PUPILA, and that their rights and responsibilities under these Terms are conditioned upon and limited by the CLIENT’s agreement with PUPILA. The CLIENT is fully responsible for all acts performed by its USERS on the Platform.The purpose of this document is to establish clear rules for the use of this service, as well as to describe the rights and obligations of both USERS and CLIENTS. Therefore, it is important that you read these Terms carefully, using our Platform only if you expressly agree with the provisions set forth herein.Furthermore, by using the Platform the USER expressly warrant that they are over 18 years of age, fully capable, and duly authorized by the CLIENT to use the Platform on its behalf. The use of our services is done under the full and exclusive responsibility of the USER and the CLIENT and, by clicking on the acceptance checkbox with the text, "I DECLARE THAT I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THE PLATFORM," you express your informed and unequivocal agreement with all the rules set forth in these Terms.
The following topics will guide your journey through this document:
PUPILA is a technology company that helps brands create, manage, and deploy on-brand creative content through a digital 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, graphics, videos, and other materials ("Content").Each USER is solely responsible for the Content they upload or generate, including ensuring its legality, accuracy, and appropriateness.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:
All USERS must use the Platform in accordance with these Terms and the internal policies or permissions established by the CLIENT.
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 you are solely responsible for protecting their login and password and for any actions taken through their account, whether authorized or not.
5. Acknowledge that PUPILA is not responsible for any losses, damages, or unauthorized access resulting from the sharing or mishandling of login credentials.
Each CLIENT must designate at least one USER with the role of "Manager,"who will act as the account administrator. Manager(s) can assign a differentUSER as Billing Manager. If no Billing Manager is assigned, the Manager will also serve as the Billing Manager.
USERS must comply with all internalaccess and usage policies defined by the CLIENT and by PUPILA.Any unauthorized use of the Platform may result in suspension or termination ofaccess.
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 suporte@pupila.ai.
The USER and CLIENT acknowledges and agrees 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 CLIENT and its USERS, without contributing to general or public training of the AI models.
4. Dueto the nature of AI technology, similar prompts may occasionally generate similar outputs. However, each USERS creation is generated exclusively for the CLIENT, and PUPILA does not share or reuse the CLIENT’s content with other clients.
5. Both the USER and the CLIENT must indemnify PUPILA and third parties for any damages resulting from actions or omissions that breach these Terms, any Platform policies, or applicable law.
As a USER, when using the Platform, it is the USER's responsibility to:
1. Comply with all applicable laws and the provisions of these Terms.
2. Provide true, accurate, and complete registration information.
3. Keep their login credentials secure, confidential, and protected.
4. Not use the Platform for illegal or harmful purposes, or in ways that violate public morals, good faith, or applicable regulations.
5. Not impersonate another person, company, or institution.
6. Not modify, adapt, translate, or reverse engineer any part of the Platform.
7. Not commit any acts that violate local, state, federal, or international laws.
8. Not attempt to gain unauthorized access to other systems or networks connected to the Platform.
9. Understand that by clicking the checkbox “I DECLARE THAT I HAVE READ AND AGREE WITH THE TERMS AND CONDITIONS OF USE OF THE PLATFORM,” the USER is entering into a binding agreement with PUPILA, under the CLIENT's commercial agreement.
10. Expressly declare full awareness and acceptance of all provisions in this agreement.
11. Immediately notify PUPILA of any suspected breach of security or unauthorized use of their account or data.
The CLIENT is responsible for ensuring that allits USERS comply with these responsibilities and may be held liable for any violations committed by its USERS.
The USER must keep all information confidential and not share it with third parties unlessexpressly authorized by the rightful owner.
THE USER MUST NOT must not upload, create, disclose, or share any content that:
1. Infringes upon intellectual or industrial property rights of third parties without proper authorization.
2. Promotes any form of discrimination, whether racial, religious, gender-based, or other wise.
3. Contains viruses or malicious code that could damage or interfere with networks, systems, or data.
4. Disrupts or alters the normal functioning of the Platform or any of its features.
5. Reproduces, duplicates, copies, modifies, commercializes, or creates derivative works from the Platform or its features.
6. Reverse-engineers, disassembles, decompiles, or fragments any part of the Platform without PUPILA’s authorization.
7. Uses anonymization tools, such as anonymous proxy servers, to hide the USER’s IP address.
By posting content through the Platform, the USER represents and warrants that:
1. They own the content or have the legal right to use it on behalf of the CLIENT.
2.The CLIENT has the right to grant PUPILA the rights necessary to operate the Platform in accordance with these Terms.
3.The posting of the content does not violate any rights of others, including privacy, copyright, intellectual property, or contractual rights.
4.The content and its use do not violate any applicable laws or regulations.
5. The CLIENT retains full ownership of the content created by its USERS and is responsible for protecting their rights.
For transparency purposes, the USER declares to be aware that PUPILA uses LLMs from partner and independent companies linked to this Platform, including: OpenAI, Google, Anthropic, Leonardo, Midjourney, Kling, Google, Haloui. Therefore, by using the PUPILA Platform, you automatically agree to the Terms and Conditions ofUse of the partner companies.The USER and CLIENT are strictly prohibited from:
1. Reselling or sub licensing their license to use the Platform or any of its content or data without PUPILA’s prior written consent.
Violation of this provision may result in:
1. Immediate termination of access to the Platform for the USER and/or the entire CLIENT without refund of any fees paid; and
2. Liability for any losses or damages caused to PUPILA or third parties.
If the USER or CLIENT breaches any term or obligation of this agreement, they shall be liable to indemnify PUPILA, its partners, employees, suppliers, and any affected third parties for all resulting damages—whether direct, indirect, moral, or related to lost profits—caused by or related to the USER’s use of the Platform or content generated through it. The CLIENT bears ultimate responsibility for all damages caused by its USERS.
The USER and the CLIENT understands that the Platform is constantly evolving — PUPILA regularly performs updates, improvements, and fixes. These updates may occasionally cause temporary downtime, 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, cybersecurity threats may still occur. The USER and the CLIENT accepts 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, caused by:
1. Decisions based on platform information: any decisions or business actions taken based on outputs provided by the Platform, including any financial losses arising from such use. The USER and the CLIENT must be clear that the information generated by PUPILA is simulations based on data and that these results will not always be fully consistent with reality. Hypothetical performance results have numerous inherent limitations and there are often significant differences between these and actual results, for which PUPILA is not responsible under any circumstances.
2. 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.
3. Performance issues: Any slowdowns, access problems, loss of data, errors, or technical failures that impact use of the Platform.
4. Uncontrollable events: Events such as natural disasters, outages, cyberattacks, or other forces beyond PUPILA’s control that disrupt access or functionality.
5. Internet issues: Errors or disruptions in the USER’s internet connection that interfere with the use of the Platform or the transmission of information.
6. Viruses or malware: Any damage caused by harmful software that affects your computer, or documents, even if the source appears to be the Platform.
7. Platform maintenance or instability: Any issues caused by the system changes and updates described earlier in this section.
8. Any imperfection in the image that may have gone unnoticed by the USER.
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.
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 by users through the Platform. These materials are protected by Brazilian laws (Laws No.9,279/96, 9,609/98, and 9,610/98) and international treaties.
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, trademarks, 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 owns remain the CLIENT's property.
Content Created by the User
If USERS create content on the Platform — such as photos, videos, illustrations, texts, or icons (“USER Content”) — the CLIENT automatically own all intellectual property rights to that content created by its USERS.
However, by using the Platform, the USER and the CLIENT gives PUPILA permission to use such content in two specific ways:
1. To show it in PUPILA’s portfolio as examples of how the Platform works; and
2.To personalize your experience, which may involve adapting or improving how the Platform responds to you — but not changing the general PUPILA model.
This permission is:
1. Non-exclusive (the CLIENT can still use the content however it chooses),
2. Royalty-free (the CLIENT or USER won’t be paid for this use),
3. Perpetual (it doesn’t expire), and
4. Worldwide (applies everywhere).
The CLIENT is responsible for ensuring that all content uploaded by its USERS complies with applicable 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.
PUPILA is an innovative platform powered by artificial intelligence, designed to improve brand management and enhance how companies communicate visually and in writing. The Platform is always growing and currently includes:
Brand Zone: A user-friendly space where you can organize and share your brand’s strategy and identity.
Brand Studio: A creative toolset for generating brand-aligned images, videos, illustrations, and texts.
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 help guide these updates.
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.
Platform Updates and Changes
PUPILA can update or change the Platform at 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).
8.1. Free Plan
The CLIENT can use the Brand Zone feature for free, with up to 2 GB of storage if provided for in the CLIENT's agreement with PUPILA. USERS will have access to the free plan features only if their CLIENT's contract includes this benefit. If the USERS needs more storage, the CLIENT can purchase one of PUPILA's paid plans by contacting our sales team. We offer several options based on the amount of storage you need.
8.2. Contracted Access
Access to the Brand Studio features requires a specific commercial agreement between the CLIENT and PUPILA. Access must be contracted through PUPILA's sales team and are paid directly by the contracting company/brand, through execution of a separate commercial agreement tailored to the CLIENT's specific needs and requirements.
8.3. Renewals
Commercial agreements automatically renew at the end of each contract cycle, as described in the specific commercial agreement between the CLIENT and PUPILA.
8.4. 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 immediately and permanently lose access to the Platform.
If the CLIENT reduces the scope of the commercial agreement(such as reducing the number of licensed USERS), PUPILA may deactivate individual USER accounts associated with the CLIENT to align with the new contracted scope. The CLIENT is responsible for determining which USERS will maintain access according to the reduced license capacity.
8.5. Free Trials and Pilots
PUPILA may offer free trials, credits or pilot programs so the CLIENT can evaluate Brand Studio functionality for its USERS. We decide the eligibility and length of these trials. Once the free trial ends (or you use up your credits), access will cease until the CLIENT executes a formal commercial agreement. All USERS associated with the CLIENT will lose access upon trial expiration.
8.6. Price Changes
PUPILA may change its prices at any time.If you're already subscribed, the new prices will only apply: At your next renewal, or 30 days after we notify you — whichever comes later.
8.7. BillingCommunications
The CLIENT agrees to receive billing and contract updates from PUPILA through its designated Manager and Billing Manager(or the Manager if no separate Billing Manager is designated) by email or other communication methods specified in the commercial agreement.
8.8. FailedPayments
If payment cannot be processed (e.g. due to expired card or insufficient funds), PUPILA may suspend the CLIENT's commercial and all associated USERS' access until the payment issue is resolved.
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 entireCLIENT's account and all associated USER accounts — with or without notice — in the following cases:
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.
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 agree mentor these Terms of Use, or otherwise misuse the services. PUPILA reserves the right to suspend individual USERS or terminate the entire CLIENT agreement, at PUPILA's sole discretion.
You can contact us through the email at suporte@pupila.ai .
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 in advance 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 the legal 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:
1. Subsidiaries or affiliates,
2. Companies that acquire our business, shares, or assets,
3. Another company in a corporate restructuring or merger.
Marketing permission: While we’re working together, the CLIENT allows PUPILA to use the CLIENT's name and logo in our marketing and sales materials — always following the CLIENT's brand guidelines.
PUPILA will never sell your data to third parties for marketing purposes.
Any other rights to use CLIENT’s name or content will be agreed separately in other documents.
PUPILA will make every effort to ensure that any disputes are resolved out of court, through peaceful and consensual methods. Therefore, we are always available to listen the CLIENTE 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 theFederative Republic of Brazil, with the Court of the District of São Paulo/SP being competent to resolve any requests arising from this document.
Last updated in May/2025
