Terms of Service
Terms of Service for Dupip
Effective Date: 01-08-2025
Last updated: 09-08-2025
Introduction and Acceptance of Terms These Terms of Service ("Terms," "ToS," or "Agreement") constitute a legally binding contract between you ("User," "you," or "your") and Dupip, a limited liability company duly incorporated under the laws of Brazil, enrolled with the National Corporate Taxpayer Register (CNPJ) under No. 37.553.462/0001-46, with its principal place of business in São Paulo, State of São Paulo, Brazil ("Company," "we," "us," or "our"). This Agreement governs your access to and use of our mobile software application ("App") and all related services, features, content, and functionalities offered by the Company (collectively, the "Services"). BY DOWNLOADING, INSTALLING, REGISTERING FOR, ACCESSING, OR OTHERWISE USING THE APP OR ANY OF OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT IN ITS ENTIRETY. Your affirmative act of accessing or using the Services, including clicking or tapping on "I Agree," "Accept," or a similar button or link, constitutes your electronic signature to these Terms, which is a binding contract. This Agreement is considered an adhesion contract under Brazilian law. It has been drafted to be clear and accessible, in compliance with the Brazilian Consumer Defense Code (Código de Defesa do Consumidor or "CDC"). If you do not agree with any part of these Terms, you must not download, access, or use the Services and must immediately delete the App from your device. These Terms must be read in conjunction with our Privacy Policy, which is incorporated by reference into this Agreement. The Privacy Policy provides detailed information on how we collect, use, store, and protect your personal data. Your agreement to these Terms also constitutes your acknowledgment and understanding of the Privacy Policy. We reserve the right to modify these Terms at any time for valid reasons, such as to reflect changes in the law or updates to our Services. We will notify you of any material changes by reasonable means, such as by posting the revised Terms within the App or sending a notification to your registered email address. Your continued use of the Services after such notification will constitute your acceptance of the revised Terms. ###
Definitions For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below: - "App" refers to the mobile software application provided by the Company, through which the Services are delivered. - "Services" means the App and all associated content, features, tools, data analysis, reports, and support provided by the Company. - "User" means any natural person who downloads, accesses, or uses the Services. - "User Content" means any data, text, images, or other materials that you submit, post, or otherwise provide to the Services. - "Personal Data" means any information relating to an identified or identifiable natural person, as defined by the applicable data protection laws, including the LGPD and GDPR. - "Sensitive Personal Data" is a special category of Personal Data that includes, but is not limited to, data concerning health, sex life, genetic or biometric data, as well as data revealing racial or ethnic origin, religious beliefs, or political opinions. This definition aligns with Article 5, II of the LGPD and Article 9 of the GDPR. - "Financial Data" includes, but is not limited to, information related to your income, expenses, assets, liabilities, bank accounts, investments, credit history, and other financial transactions and information you provide to the Services. - "Health Data" means Personal Data related to the physical or mental health of a natural person, including the provision of health care services, which reveals information about that person's health status, as you provide to the Services. - "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, database rights, and other proprietary rights of any kind. - "LGPD" refers to the Brazilian General Data Protection Law (Lei Geral de Proteção de Dados Pessoais, Law No. 13,709/2018). - "GDPR" refers to the General Data Protection Regulation ((EU) 2016/679) of the European Union. - "CDC" refers to the Brazilian Consumer Defense Code (Código de Defesa do Consumidor, Law No. 8,078/1990). - "Marco Civil" refers to the Brazilian Civil Framework for the Internet (Marco Civil da Internet, Law No. 12,965/2014). ###
The Services: Scope and Informational Nature The Services are designed to provide you with tools to input, track, and visualize your personal Financial Data and Health Data. Based on the information you provide, the App may generate automated analyses, reports, summaries, and potential insights ("Output"). IMPORTANT DISCLAIMER: THE SERVICES AND ALL OUTPUT ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. You explicitly acknowledge and agree that: - Not Medical Advice: The Company is not a licensed medical or healthcare provider, and the Services do not constitute medical advice, diagnosis, or treatment. The App is not a medical device regulated by ANVISA unless explicitly stated otherwise. The Services are not a substitute for professional medical consultation with a qualified physician or other healthcare professional. You should never disregard professional medical advice or delay in seeking it because of something you have read or seen through the Services. Always consult your physician for any health-related questions or before making any decisions based on the Output. - Not Financial, Investment, or Legal Advice: The Company is not a registered financial advisor, broker-dealer, or legal professional. The Services do not constitute financial planning, investment advice, tax guidance, or legal counsel. The Output is generated based on the data you provide and standardized algorithms; it does not take into account your complete personal financial situation or objectives. Before making any financial decisions, you should consult with a qualified and licensed professional, such as a certified financial planner, accountant, or attorney. - No Guarantee of Accuracy: While we strive to provide useful and accurate Output, we do not warrant the accuracy, completeness, reliability, or timeliness of any information provided through the Services. The quality and accuracy of the Output are entirely dependent on the accuracy and completeness of the data you provide. - Third-Party Data: The Services may incorporate or rely on data from third-party sources. We are not responsible for the accuracy, timeliness, or completeness of such third-party data. Your use of the Services and your reliance on any Output is solely at your own risk. ###
Use of Artificial Intelligence and Third-Party Services You acknowledge that a core component of the Services involves the use of advanced artificial intelligence (AI) and machine learning models to process your Health Data and Financial Data. This processing is essential to generate the personalized analyses, reports, and insights provided to you through the App. To provide these features, we may utilize technologies and services from specialized third-party providers, such as OpenAI, Anthropic, Google Gemini, or other similar entities ("AI Providers"). We select our AI Providers carefully and require them to adhere to strict confidentiality and data security obligations through contractual agreements. We implement appropriate technical and organizational measures designed to ensure that your data, when processed, remains within our secure environment and is protected against unauthorized access or disclosure. However, you understand and agree that these AI Providers operate their own complex technological infrastructures. While we take commercially reasonable steps to secure the data processing pipeline, we cannot guarantee the absolute security of systems that are not under our direct control. Therefore, to the fullest extent permitted by applicable law, Dupip shall not be held liable for any data breach, loss, or other damages arising directly and solely from a security failure, vulnerability, or incident originating within the systems or infrastructure of our third-party AI Providers. Our liability in such cases is limited to our obligation to select providers with due care and to enforce our contractual data protection rights with them. This clause does not limit our liability for breaches caused by our own negligence or failure to implement reasonable security measures on our own systems. ###
User Account and Security Obligations To use the Services, you must create a personal user account ("Account"). By creating an Account, you represent and warrant that: - You are of legal age to form a binding contract in your jurisdiction. - All information you provide during the registration process is true, accurate, current, and complete. You agree to maintain and promptly update your registration data to keep it true, accurate, current, and complete. You are solely responsible for all activities that occur under your Account. You agree to: - Maintain Confidentiality: Keep your password and any other authentication credentials (such as biometric data used for App access) confidential and secure. You are responsible for any person who has access to your device and may use registered biometrics to access your Account. - Prevent Unauthorized Access: Take reasonable steps to prevent unauthorized access to your Account. You must not share your Account credentials with any third party. - Report Breaches: Notify us immediately of any unauthorized use of your Account or any other breach of security you become aware of. The Company will not be liable for any loss or damage arising from your failure to comply with these security obligations. ###
Privacy and Data Protection: Our Core Commitments Protecting your privacy is a core principle of our Company. Our collection, use, and sharing of your Personal Data, including Sensitive Personal Data, are governed by our Privacy Policy, which details our practices in compliance with the LGPD and GDPR. We are committed to upholding the fundamental principles of data protection, including: - Purpose Limitation: We will only process your data for the specific, explicit, and legitimate purposes disclosed to you in our Privacy Policy and for which we have obtained your consent. - Data Minimization: We will only collect and process data that is adequate, relevant, and limited to what is necessary for the stated purposes. - Transparency: We will be transparent about our data processing activities. - Security and Confidentiality: We implement and maintain appropriate technical and organizational security measures to protect your data against unauthorized or unlawful processing and against accidental loss, destruction, or damage. - Data Processing Location: All primary data processing activities under this Agreement take place in Brazil, in compliance with the Marco Civil da Internet. International data transfers, if any, will only occur in accordance with the strict requirements of the LGPD and GDPR, as detailed in our Privacy Policy. ###
Lawful Basis for Processing and User Consent You acknowledge that the App is designed to process Sensitive Personal Data, specifically your Health Data and Financial Data. Under the LGPD and GDPR, the processing of such data requires a specific and heightened legal basis. THE LAWFUL BASIS FOR OUR PROCESSING OF YOUR HEALTH DATA AND FINANCIAL DATA TO PROVIDE THE CORE FUNCTIONALITY OF THE SERVICES IS YOUR EXPLICIT CONSENT. By using the Services, you will be presented with a clear and specific consent request mechanism. This mechanism is designed to comply with the stringent requirements of both LGPD (Article 11) and GDPR (Article 9). Your consent will be: - Specific and Informed: We will clearly explain the specific purposes for which we are requesting your consent to process your Health and Financial Data before you provide it. Generic authorizations are not sought and are considered void. - Freely Given and Unambiguous: Your consent must be given through a clear, affirmative action, such as ticking an unticked checkbox. It will not be bundled with the acceptance of these Terms, and we will not use pre-ticked boxes or rely on your inactivity as a form of consent. - Granular: Where feasible, we will seek separate consents for different processing activities to give you more control over your data. - Revocable: You have the right to withdraw your consent at any time. The process for withdrawing consent will be as easy and accessible as the process for giving it. You can manage your consents within the App's settings or by contacting our Data Protection Officer. Withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal. However, please note that withdrawing consent for the processing of your Health and/or Financial Data will likely render you unable to use the core features of the Services. ###
User Rights Under LGPD and GDPR We recognize and are committed to upholding your rights over your Personal Data as guaranteed by the LGPD (Article 18) and the GDPR (Chapter III). You have the right to: - Right of Access: Request access to your Personal Data that we process and receive information about that processing. - Right to Rectification: Request the correction of inaccurate or incomplete Personal Data. - Right to Erasure ('Right to be Forgotten'): Request the deletion of your Personal Data under certain circumstances, such as when it is no longer necessary for the purposes for which it was collected or when you withdraw your consent. - Right to Data Portability: Receive your Personal Data in a structured, commonly used, and machine-readable format and have the right to transmit that data to another controller. - Right to Object/Restriction of Processing: Object to or request the restriction of the processing of your Personal Data in specific situations. - Right to Information about Data Sharing: Request information about the public and private entities with which we have shared your data. - Right to Review of Automated Decisions: Request the review of decisions made solely based on automated processing of your Personal Data that affect your interests. The LGPD provides for a human review of such decisions. To exercise any of these rights, please contact our Data Protection Officer using the contact details provided in Section 18 of this Agreement. We will respond to your request in accordance with the applicable legal deadlines (e.g., within 15 days for certain requests under the LGPD, and within 30 days under the GDPR, with possible extensions). ###
Prohibited Conduct and Use of the Services You agree not to use the Services for any purpose that is unlawful or prohibited by these Terms. You are expressly prohibited from engaging in any of the following activities: - Using the Services in any manner that could damage, disable, overburden, or impair the service or interfere with any other party's use and enjoyment of the Services. - Attempting to gain unauthorized access to the Services, other user accounts, or computer systems or networks connected to the Services through hacking, password mining, or any other means. - Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure of the Services or any software, documentation, or data related to the Services. - Uploading, posting, or transmitting any content that is unlawful, fraudulent, defamatory, obscene, pornographic, threatening, abusive, hateful, or otherwise objectionable, or that infringes on our or any third party's Intellectual Property Rights or other rights. - Using the Services to transmit any viruses, worms, malware, or other items of a destructive nature. - Using the Services for any commercial purpose not expressly permitted by this Agreement. - Violating any applicable local, state, national, or international law, including but not limited to the LGPD, GDPR, CDC, and Marco Civil. A violation of this section may result in the immediate suspension or termination of your Account, at our sole discretion, without prejudice to any other legal remedies available to the Company. ###
Intellectual Property The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, and photographs (the "Company Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Dupip and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights. We grant you a personal, limited, non-exclusive, non-transferable, and revocable license to use the App and the Services for your own personal, non-commercial use, subject to your compliance with these Terms. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Company Content. ###
Third-Party Services and Links The Services may contain links to third-party websites, applications, or services that are not owned or controlled by the Company. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the App, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such sites. You expressly relieve the Company from any and all liability arising from your use of any third-party website, service, or content. Your interactions with third-party services are governed by their respective terms and privacy policies. ###
Disclaimer of Warranties TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS (COLLECTIVELY, THE "COMPANY PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY PARTIES DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE, UNINTERRUPTED, TIMELY, OR ERROR-FREE; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. THIS CLAUSE IS FUNDAMENTAL TO THE AGREEMENT. HOWEVER, NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. IN JURISDICTIONS WHERE THE EXCLUSION OF CERTAIN WARRANTIES IS NOT PERMITTED, SUCH AS UNDER THE BRAZILIAN CONSUMER DEFENSE CODE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE LIABILITY OF THE COMPANY PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. ###
Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES EXCEED THE GREATER OF (I) THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO THE COMPANY FOR THE USE OF THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED BRAZILIAN REAIS (R 100,00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS CLAUSE IS INTENDED TO ALLOCATE THE RISKS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. HOWEVER, THIS CLAUSE DOES NOT INTEND TO LIMIT LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR FOR ANY MATTER FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING CERTAIN PROVISIONS OF THE CDC. ###
User Indemnification You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of this Agreement; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Services. ###
Termination of Services This Agreement is effective until terminated by you or the Company. - Termination by You: You may terminate this Agreement at any time by ceasing all use of the Services and deleting the App from your device. - Termination by the Company: We may, in our sole discretion, suspend or terminate your Account and your access to the Services, at any time and for any reason, including, without limitation, if you breach this Agreement. We will make a reasonable effort to provide you with notice of any such termination, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security issues. The right of the Company to unilaterally terminate this agreement is conditioned upon a material breach by the User, in observance of consumer protection principles. Upon termination, all licenses and rights granted to you under this Agreement will immediately cease. Sections of this Agreement that, by their nature, should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. ###
Governing Law and Exclusive Forum This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil, without regard to its conflict of law provisions. The parties agree that the courts of the Comarca of São Paulo, State of São Paulo, Brazil, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement. This choice of forum is based on the Company's domicile in São Paulo, in accordance with Article 63, §1 of the Brazilian Code of Civil Procedure, as amended by Law No. 14,879/2024. For users who are consumers under the CDC, the Company acknowledges that this forum selection clause may be challenged if it is deemed to create an excessive disadvantage or hinder your access to justice, in which case the dispute may be resolved in the court of your domicile, as provided by Brazilian consumer protection law. ###
General Provisions - Entire Agreement: This Agreement, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and the Company concerning the Services. - Severability: If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. - No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. - Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. ###
Contact Information and Data Protection Officer (DPO) If you have any questions about these Terms, please contact us at: Dupip Email: legal at dupip dot com In compliance with Article 41 of the LGPD and Article 37 of the GDPR, we have appointed a Data Protection Officer (DPO) who is responsible for overseeing questions in relation to our data protection practices. If you have any questions or wish to exercise your legal rights regarding your Personal Data, please contact our DPO: Data Protection Officer Email: dpo at dupip dot com