Terms of Service
These Terms of Service govern your access to and use of the Esmerum platform. By creating an account or using the service, you confirm that you have read, understood, and fully agree to the conditions below. If you do not agree, please do not use the platform.
1. Acceptance and eligibility
By accessing Esmerum you confirm that you are at least 16 years old, or that you have authorization and supervision from a legal guardian, as required by applicable data protection law. If you use the platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Description of the service
Esmerum is a study platform offering content organization through Projects and Workspaces, a note editor, spaced repetition, visual automations, and AI assistants. Available features vary by subscription plan. We may modify, suspend, or discontinue features, and will provide advance notice of material changes whenever reasonably possible.
3. Account and security
You are responsible for keeping your credentials confidential and for all activity carried out under your account. When you authenticate via Google or Microsoft, we receive only the basic profile data you authorize through the provider's consent screen. Notify us immediately of any unauthorized use. We may suspend accounts showing signs of fraud, compromise, or violation of these Terms.
4. User content
You retain ownership of all content you upload — files, notes, decks, questions, and automations. By hosting that content, you grant us a limited, non-exclusive, revocable license strictly scoped to operating the service: storing, processing, displaying, and transmitting the material to you and to people you choose to share it with. We do not use your content to train third-party AI models.
5. Acceptable use
You may not use the platform to: upload illegal or defamatory material or content that infringes third-party rights, including copyright; distribute malware or attempt unauthorized access to systems; reverse engineer, scrape automatically, or deliberately overload our infrastructure; or resell access without express authorization. Violations may result in suspension or termination of your account.
6. Artificial intelligence
AI features generate content automatically and may produce inaccurate, incomplete, or outdated information. Responses are supplementary and do not replace professional, academic, medical, or legal advice. It is your responsibility to review and validate generated material before relying on it. Prompts you submit are processed by model providers we contract with, under confidentiality agreements.
7. Plans, payments, and cancellation
Paid plans are billed on a recurring basis according to the billing period you select, renewing automatically until cancelled. You may cancel at any time; cancellation takes effect at the end of the period already paid for. Where local consumer law provides a cooling-off period, you may withdraw from the purchase within that window for a full refund.
8. Intellectual property
The Esmerum brand, interface, source code, and documentation belong to Esmerum or its licensors and are protected by copyright and software protection laws. These Terms transfer no intellectual property rights in the platform; they grant only a personal, non-transferable license to use it for as long as your account remains active.
9. Availability and limitation of liability
We make reasonable efforts to keep the service available, but we do not guarantee uninterrupted or error-free operation. We are not liable for indirect damages, lost profits, or data loss arising from force majeure or misuse of the platform. Our total liability is limited to the amount you paid in the 12 months preceding the event. Nothing in these Terms excludes rights that cannot be waived under applicable consumer law.
10. Termination
You may close your account at any time from Settings. After closure, your personal data is deleted or anonymized within the periods described in the Privacy Policy, except for access logs we are legally required to retain for six months.
11. Changes to these Terms
We may update these Terms to reflect legal, technical, or product changes. Material changes will be communicated by email or in-platform notice at least 30 days in advance. Continued use after the effective date constitutes acceptance of the new version.
12. Governing law and jurisdiction
These Terms are governed by the laws of the Federative Republic of Brazil. Disputes arising from this relationship may be brought before the courts of the user's domicile, in accordance with applicable consumer protection law. Questions may be directed to support@esmerum.com.