Terms of Service
Table of Contents
1. Definitions
2. Use of the Services
3. Account Creation and Management
4. Payments and Subscriptions
5. Updates, Maintenance, and Discontinuation
6. Intellectual Property
7. Limitation of Liability
8. Privacy
9. Termination
10. Changes to the Terms
11. General Provisions
12. Copyright of User Content
13. Third-Party Links
14. Illegal Activity
15. Consent
16. Use of Third-Party Software and Information
17. Appropriate Use of the Services
18. Language and Translations
19. Waiver of Warranties
20. Indemnity
21. Assignment of Rights
22. Contact
23. Encryption Key
Welcome to our services. Please read the following Terms of Service ("Terms") carefully before using our software, accounts, payment systems, and other features ("Services"). By accessing or using any part of the Services, you agree to these Terms. If you do not agree with these Terms, you must not use the Services.
1. Definitions
1.1. "We," "our," and "ours" refer to the entity providing the Services.
1.2. "User" or "you" refers to the person or entity using the Services.
1.3. "Account" means the personal registration created to access the Services.
1.4. "Personal Data" refers to any information related to an identified or identifiable person.
1.5. "Services" refers to all products, features, and platforms provided by our company, including software, payment systems, and technical support.
2. Use of the Services
2.1. You must be of legal age and have the legal capacity to use the Services.
2.2. It is prohibited to:
• Use the Services for any illegal or unauthorized activity, including but not limited to: spamming, fraud, hacking, or attempting unauthorized access to systems.
• Share your account with third parties.
• Attempt to exploit vulnerabilities or compromise the security of the Services.
• Reverse engineer, decompile, or attempt to access the source code of the Services.
2.3. You are responsible for all activities performed on your account.
2.4. We may impose access restrictions to the Services based on geographical location, legal requirements, or technical limitations.
3. Account Creation and Management
3.1. To use the Services, you must create an account by providing truthful, complete, and up-to-date information.
3.2. It is your responsibility to protect your account access credentials.
3.3. We may suspend or terminate your account if there is suspicion of a violation of these Terms.
3.4. If you identify unauthorized access to your account, please notify us immediately.
4. Payments and Subscriptions
4.1. Some Services may require the payment of fees or the subscription to recurring plans.
4.2. Fees are charged according to the amounts in effect at the time the Service is contracted.
4.3. It is your responsibility to provide valid payment information and keep your payment methods up to date.
4.4. Payments are non-refundable, except where required by law.
4.5. We may, at our discretion, offer free trial periods or promotional discounts.
4.6. In the event of non-payment, we reserve the right to suspend access to the paid Services.
4.7. We reserve the right to modify the prices of subscription plans or to discontinue existing plans at our sole discretion. Users will be notified of any significant changes via their registered email address at least thirty (30) days in advance. If the user does not agree with the proposed changes, they will have the right to cancel their subscription without any penalties or additional costs before the changes take effect.
5. Updates, Maintenance, and Discontinuation
5.1. We reserve the right to update or modify the Services, including adding or removing features.
5.2. Access to the Services may be temporarily interrupted due to maintenance, updates, or technical issues.
5.3. You may be notified in advance about planned interruptions.
5.4. We reserve the right to discontinue all or part of the Services at any time, provided that reasonable prior notice is given to affected users.
5.5. In the event of discontinuation of paid Services, you may be entitled to a prorated refund, as required by law.
6. Intellectual Property
6.1. All rights, titles, and interests related to the Services, including software, trademarks, and content, belong exclusively to us.
6.2. You may not copy, modify, distribute, or create derivative works based on the Services without our express authorization.
6.3. Any feedback or suggestions provided by you may be used by us without restrictions or compensation.
7. Limitation of Liability
7.1. The Services are provided "as is," without any warranties of any kind.
7.2. Under no circumstances shall we be liable for direct, indirect, incidental, special, or consequential damages (including, but not limited to, loss of profits, data, or business interruption) arising out of the use or inability to use the Services, even if we were advised of the possibility of such damages.
7.3. Our total liability, in any circumstance, will be limited to the amount you paid for the Services in the last 12 months.
7.4. These limitations do not apply where prohibited by applicable law.
8. Privacy
8.1. We collect and process personal data in accordance with our Privacy Policy, available at https://kyokusolutions.com/terms-of-privace/.
8.2. By using the Services, you agree to the collection and use of your personal information as described in the Privacy Policy. Additionally, you acknowledge that you have read and understood the practices outlined therein. If applicable, you retain the right to revoke your consent to the processing of your personal information, as provided by the Privacy Policy and applicable laws.
8.3. You have the right to access, correct, or delete your personal data as permitted by applicable law.
8.4. We implement security measures to protect your data from unauthorized access, but we do not guarantee absolute protection.
8.5. The use of cookies and similar technologies to collect information about user browsing is detailed in the Privacy Policy.
8.6. If you do not agree to the terms outlined in the Privacy Policy or revoke your consent where applicable, we reserve the right to restrict or suspend your access to any Services, data, mechanisms, or other features associated with your account. Such measures are necessary to ensure compliance with our Privacy Policy and to maintain the integrity and security of our Services.
9. Termination
9.1. You may terminate your account at any time by contacting us.
9.2. We reserve the right to suspend or terminate your account if:
• You violate any provision of these Terms.
• Required by law.
9.3. After account termination, certain information may be retained as required by applicable law.
10. Changes to the Terms
10.1. We may periodically review these Terms. We will notify users of significant changes by email or via notices on the website.
10.2. Continued use of the Services after the publication of changes constitutes acceptance of the revised Terms.
10.3. If you do not agree with the revised Terms, you must discontinue use of the Services.
11. General Provisions
11.1. These Terms are governed by the laws of Brazil.
11.2. Any disputes will be resolved in the competent courts of the state of São Paulo.
11.3. If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in effect.
11.4. These Terms constitute the complete agreement between you and us regarding the use of the Services.
12. Copyright of User Content
12.1. User-generated content remains the exclusive property of the user.
12.2. By using the Services, you grant our company a non-exclusive license to use, display, and modify such content for operational and promotional purposes related to the Services.
13. Third-Party Links
13.1. The Services may include links to third-party websites or content.
13.2. We are not responsible for any content, product, or service offered by such third parties.
14. Illegal Activity
14.1. It is strictly prohibited to use the Services for practices such as:
• Spamming or sending unsolicited messages.
• Fraud, scams, or deceptive activities.
• Distribution of malicious software or system intrusion.
• Any other illegal activity as defined by applicable laws.
15. Consent
15.1. By using the Services, you expressly consent to the processing of your personal data in accordance with applicable law and our Privacy Policy.
16. Use of Third-Party Software and Information
16.1. We may use third-party software to operate our Services and provide additional features, including but not limited to data analytics, payment systems, and information processing.
16.2. We reserve the right to share necessary information with third-party partners or service providers to ensure the functionality, operation, or maintenance of the Services. This information will be shared securely and only when essential.
16.3. Under no circumstances will your information be sold or traded to third parties.
16.4. We may also collect information from third parties, such as location services, payment platforms, or authentication tools, to improve the user experience and ensure the operation of the Services.
16.5. We share necessary information to ensure the operation of the Services, such as payment processing or authentication. All information is protected and used in compliance with our Privacy Policy.
17. Appropriate Use of the Services
17.1. The use of the Services must comply with applicable laws and regulations, as well as ethical and good conduct standards.
17.2. It is prohibited to:
• Overload our infrastructure with unauthorized automated requests.
• Create multiple accounts with the intent to bypass usage limits or restrictions.
18. Governing Language
18.1. The English version of these Terms of Service is the official and legally binding version. Any translations of these Terms are provided solely for convenience and may not accurately represent the original English text. In the event of any discrepancies or inconsistencies between the English version and a translated version, the English version shall prevail.
18.2. When accessing a translated version of these Terms, users will be explicitly informed that the English version is the official and governing version. This notice will be displayed clearly to avoid confusion regarding the legal interpretation of these Terms.
19. Waiver of Warranties
19.1. The Services are provided "as is" and "as available," without any warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.
19.2. We do not guarantee that the Services will be uninterrupted, error-free, secure, or that they will meet the User's expectations.
20. Indemnity
20.1. The User agrees to defend, indemnify, and hold harmless the platform, its representatives, partners, and employees from any claims, liabilities, damages, losses, and expenses, including attorneys' fees, arising from:
• Violation of these Terms by the User.
• Misuse of the Services.
• Violation of third-party rights or applicable laws.
21. Assignment of Rights
21.1. We may transfer or assign these Terms, in whole or in part, at any time, without restriction, including to a successor in interest.
21.2. The User may not transfer or assign their rights under these Terms without our prior written consent.
22. Contact
22.1. If you have any questions or need assistance, please contact us at kyokusolutions@gmail.com.
23. Encryption Key
23.1. Some services may require you to set up an encryption key in your account to secure your data.
23.2. We reserve the right to create, modify, or delete the encryption key at our discretion, without prior notification.
23.3. You are responsible for the creation, maintenance, and management of your encryption key, including ensuring its confidentiality and security.
23.4. We are not responsible for any loss, theft, misuse, illegal use, or any other issues related to the encryption key.
23.5. We are not responsible for any data that is encrypted using the encryption key, including but not limited to, data loss, corruption, or unauthorized access.
23.6. We reserve the right to deactivate or disable any encryption key at any time and for any reason, for any service, without prior notice.
23.7. The encryption key is not saved in the database; only an encrypted string is stored. The encryption key is used to decrypt the encrypted string, and the decrypted string is then used to encrypt or decrypt the data selected by ours services.