Site Terms and Conditions of Use
LEGAL NOTICE
This site (xmacna.ai) belongs to Xmacna Digital Employees Ltd. CNPJ: 52.546.037/0001-13, with headquarters at AVENIDA JOSE CANDIDO DA SILVEIRA, 522 / 302, Belo Horizonte, MG . Contact: suporte@xmacna.ai. Hereinafter, "Xmacna".
It is governed by the General Data Protection Law – LGPD - Law No. 13.853/2019, Brazilian Civil Code - Law No. 10.406/2002, the Brazilian Internet Civil Framework - Law No. 12.965/2014, and any other applicable regulations in Brazil that establish the rights and obligations of the parties in the field of e-commerce and online services.
TERMS AND CONDITIONS
The Xmacna offers Users of certain instant messaging platforms an easy and optimized way to obtainin information on a wide variety of topics through DIGITAL EMPLOYEES endowed with artificial intelligence.
The purpose of these Conditions is to regulate the relationship between the User and Xmacna, both for browsing the website and for using thes ours DIGITAL EMPLOYEES IS, providing the highest possible guarantees of transparency and security to the former within the applicable rules of the digital market and Consumer and User protection.
These TERMS AND CONDITIONS enare effective as of 10 of February th and 2024, and constitute a contractual framework between our company and the User. They may be updated at any time without prior notice, and the User must be diligent enough to review them again before each new site navigation or service use.
TERMS OF USE
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Acceptance of these Terms is a requirement for using the Xmacna website and services, making the visitor or consumer of the services a "User" who is subject to them in their entirety. The User should read them before browsing the website or using the services and contact us if they have any questions. The User will always have the option not to browse, to delete the contact from their mobile device, not to use the service, or not to accept cookies. Xmacnreserves the right to block access to its site or service in case of violation of these terms.
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The site may be updated/modified in design and content from time to time to improve the User experience, without affecting the User’s rights.
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These conditions are offered by Xmacna in Portuguese. If the User accesses any translation into another language with a different interpretation, the version in Portuguese will prevail. The User may export, save, and print them at any time, or request a copy from us.
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All content on the Xmacna website, including content, trademarks, graphics, logos, icons, buttons, images, and software, as well as the selection, compilation, arrangement, programming, design, and assembly of all website and platform content, is owned by Xmacna, its suppliers, and its technology partners and is protected by national and international intellectual property laws intellectual property. Any use of the website content or photographs, including reproduction, modification, distribution, transmission, subsequent publication, display, or performance of all or part thereof, is strictly prohibited without the express consent of Xmacna, its suppliers or collaborators, regarding elements they own.
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Xmacna will make all reasonable efforts within its control and management capacity to ensure and maintain the proper technical availability of the Xmacna website and Service for its Users. However, availability and proper functioning may be impaired, delayed, or prevented due to uncontrollable factors beyond the responsibility of Xmacna, such as, but not limited to, the operation of search engines run by third-party providers with which it is connected, cache incidents, problems or updates in instant messaging platforms through which services may be accessed, or the User’s own internet connection quality. Xmacna also reserves the right to temporarily interrupt the service.
The availability of access and use has no territorial limitation, since the User can access our site or use Xmacna services from anywhere in the world.
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The User must be older than 18 years old in order to register for instant messaging services or use them without parental control. If, under the applicable law in your country, the User does not have full legal capacity to consent and act (no Brazil, 18 years old), then the User’s parents or legal guardians must accept these Terms on their behalf. In the case of browsing or use by a minor, Xmacna shall not be responsible in any case, and the minor’s legal guardians must assume control and supervision during use, as well as responsibility for the minor’s actions.
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Unfortunately, no service provider operating in the digital environment can guarantee its users full compensation against cyber attacks. Xmacna is not responsible for any damages the User may suffer when using this website or Xmacna services caused negligently or intentionally by third parties, such as temporary interruptions, manipulations, viruses, or any other harmful, inconvenient, or incidental element of any kind, confirming that Xmacna has taken and applies cybersecurity measures according to the development of its activity and state of the art.
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The User agrees to use the Xmacna website and services for the described purposes and in compliance with the Law and these Terms and Conditions, and must refrain from using them for:
- Introducing any software, applications or others into the network with the intent to damage the IT systems of Xmacna, its suppliers, or third-party Users.
- Attempting to access the site’s programming, the server where it is hosted, or third-party collaborating servers.
- Engaging in illegal activities, contrary to good faith, customs, morals, or public order.
- Conducting activities that infringe intellectual and industrial property regulations or any other applicable legal norms.
TERMS OF SERVICE
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The user can start using the services of Xmacna by clicking the contact when it is transferred through the instant messaging service or by saving it as a contact on their devices and starting a chat with it via the instant messaging platforms WhatsApp and Telegram, if installed. If they do not have them installed, they can download them from mobile app download platforms (App Store, Google Play Store, etc.). On the Xmacna website, the user will also find buttons that lead to the service. They can also access theservice, by tagging the contact with @ in a group of WhatsApp and/or Telegram where the Xmacna Digital Employee is included as one of the group members.
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The DIGITAL EMPLOYEES from Xmacna are not installed on the User's device. They operate through the instant messaging platform.
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Once the chat is started, we will provide the User with:
- a link to our Privacy Policy, which can be found on our website. After reading it, the User can choose to use the service or simply leave the chat, delete it, or remove the Xmacna DIGITAL EMPLOYEE from their contacts or any group if they were added. User privacy is a priority, so it is not necessary to share personal information with Xmacna to use its services. Xmacna will only store the phone number, the nickname (name or phrase or emoji) the User has set on that platform for identification (for example, "André Mandelez" or "Jovem 😃"), and anonymized conversations (unlinked from the User's phone number and nickname).
- If the DIGITAL EMPLOYEE is added to a WhatsApp or Telegram group, acceptance of the Privacy Policy or Terms and Conditions of use by any member of the group will be valid for all other members.
- Please note that information regarding people, places, or facts may be inaccurate or outdated.
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Having been informed of the above, it is the User’s responsibility to enter the instruction. This instruction, request, comment, or "prompt" will trigger a response from Xmacna’s DIGITAL EMPLOYEE, which may take a few seconds while it processes the request, retrieves the information, and organizes it to provide the most appropriate answer to the User in natural language.
DIGITAL EMPLOYEES cannot provide Users with answers to questions that require access to User information stored in other applications on the User’s device. Currently, Xmacna does not communicate with other applications. If and when it does, Xmacna will request the User’s express authorization before accessing such data.
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The Xmacna service is not limited to any language. If it is not possible to detect the user's language, Xmacna communicates in Portuguese by default. If the user wishes to communicate with Xmacna in a language other than the default, they simply address Xmacna in their preferred language and Xmacna will respond in the same language.
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On rare occasions, Xmacna will proactively contact the User to offer assistance or to inform them about any new features that have been added to its services. To learn more about legitimate interest and your rights as a User regarding these communications not initiated by you, please read our PRIVACY POLICY.
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The Xmacna is used at the user's own risk. Therefore, we warn:
- IT IS A HIGH-PRECISION ARTIFICIAL INTELLIGENCE THAT LEARNS DAILY BUT IS NOT INFALLIBLE. IT IS A CONSTANTLY EVOLVING TECHNOLOGY, CONDITIONED BY MACHINE LEARNING. IT MAY EXTRACT INFORMATION FROM AN INCORRECT SOURCE, REACH AN IMPRECISE CONCLUSION AFTER ANALYZING SEVERAL PARAMETERS, GENERATE UNSAFE CONTENT, ALTER INFORMATION, OR CREATE A STORY TO MEET THE USER’S NEEDS.
- The XMACNA DOES NOT GUARANTEE THE TRUTHFULNESS, LEGALITY, ACCURACY, EXACTNESS, ADEQUACY, TECHNICAL QUALITY, GRAMMATICAL OR ORTHOGRAPHIC CORRECTNESS, LEGALITY, USABILITY, MARKETABILITY, ABSENCE OF BIAS, OR ADEQUACY OF THE CONTENT GENERATED BY ITS DIGITAL EMPLOYEES.
- THE CODE, ALGORITHMS, AND OTHER COMPONENTS OF THEDIGITAL EMPLOYEES ARE THE PROPERTY OF XMACNA. IT IS STRICTLY FORBIDDEN TO USE OUR DIGITAL EMPLOYEES TO IDENTIFY OUR INDUSTRIAL PROPERTY, OUR CODE, OUR SYSTEMS OR TO ACCESS ANY OTHER CORPORATE INFORMATION THAT BELONGS TO US.
- THE USER MUST USE THE SERVICES WITHOUT VIOLATING THIRD-PARTY RIGHTS. THE USER MAY USE THE TEXTS AND IMAGES PROVIDED BY XMACNA AT THEIR SOLE AND EXCLUSIVE RESPONSIBILITY, ESPECIALLY REGARDING ANALYZING, BEFORE USE, POSSIBLE INTELLECTUAL PROPERTY VIOLATIONS THAT MAY OCCUR DUE TO THE IDENTITY OR SIMILARITY OF THE GENERATED CONTENT. The XMACNA RESERVES THE RIGHT TO CANCEL ACCESS TO SERVICES FOR USERS WHO REPEATEDLY VIOLATE THIRD-PARTY RIGHTS.
- THE USER SHALL INDEMNIFY The XMACNA, ITS DIGITAL EMPLOYEES AND COLLABORATORS, FOR ANY CLAIM OR DAMAGE CAUSED BY THE VIOLATION OF THESE TERMS, THE LAW, OR THIRD-PARTY RIGHTS BY THE USER THROUGH THE USE OF SERVICES.
- FURTHERMORE, XMACNA, ITS DIGITAL EMPLOYEES AND COLLABORATORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT MAY BE CAUSED TO THE USER OR THIRD PARTIES THROUGH THE USE OF ITS SERVICES.
- XMACNA RESERVES THE RIGHT TO RESTRICT ACCESS TO THE SERVICE FOR USERS WHO REPEATEDLY VIOLATE THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
- THE USER IS RESPONSIBLE FOR THE PROMPTS ENTERED. THE USER MAY RECEIVE ANSWERS THEY DO NOT LIKE, THAT ARE INAPPROPRIATE FOR THEIR AGE, OR WITH WHICH THEY DO NOT AGREE. IT IS IMPERATIVE THAT THE PROVISIONS OF CLAUSE 7 FOR THE PROTECTION OF MINORS BE RESPECTED.
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XmacnaXmacna will never share conversations between the User and Xmacna, although the User may share them, depending on the features of the instant messaging platform from which they are using the service: forwarding, screen capturing, sharing, etc.
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The relationship between Xmacna and the User will last as long as the User wishes, ending simply when the User stops using the service and/or deletes The Digital Employee from their contacts.
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At this time, the User cannot read reviews or comments from other Users on the site. If we ever display them, we guarantee they will be from real Users, as we will collect them directly from the Users to whom the service is provided and who authorize us to do so, maintaining such consent and able to prove their origin at any time.
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If any clause included in these General Conditions is declared wholly or partially null and void or ineffective, such nullity or ineffectiveness will affect only that provision or the part of it that is null, void or ineffective, and the General Conditions shall remain in force in all other respects, and such provision or part of it affected shall be considered as if it had not been included.
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The User may contact the Xmacna through the following Email: suporte@xmacna.ai.
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Any suggestion, disagreement, or complaint from the User will be communicated to Xmacna in good faith as soon as possible so that we can study the proposed improvement, manage the incident, or rectify the possible error as soon as possible through any of the channels indicated in the previous section. We will respond within a maximum of 30 days.
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