Terms of service

Posted in May 11, 2023.

Effective in May 11, 2023.

These Terms of Service describe your rights and responsibilities when accessing and / or using our websites, including https://www.supawiki.com and any successor URL(s).

  • 1. The Services

    Supawiki provides a platform to organize the knowledge provided by the user in a form that can be referenced, also known as a wiki.

    This platform is provided to the user in the form of websites, hereby denominated Services.

    • 1.1. Eligibility

      This is a contract between you and Supawiki. You must read and agree to the Terms and conditions of these Terms before using the Service.

    • 1.2. Limited license

      Subject to the Terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, and freely revocable license to use the Services, only for your personal or internal (as applicable), noncommercial use, strictly as permitted by the features of the Services. If you are an entity or otherwise the owner of the user account for your team, this license allows use of the Services by only those of your team members who are (a) identified by you as team members for the Services during the sign-up process or through your user account (as defined in Section 1.3) or (b) otherwise expressly authorized and granted access to the Services as team members by Supawiki. Supawiki may terminate the license granted in this Section at any time, for any reason or no reason.

    • 1.3. Disputes with other users

      You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Supawiki will have no liability for your interactions with other Users, or for any User’s action or inaction.

  • 2. User content

    When you use our Services you provide us with your content, which can be files, messages, contacts and so on. Your content is yours. These Terms don’t give Supawiki any rights to your content except for the limited rights that enable us to offer the Services.

    We need you permission to do things like hosting your content, backing it up and sharing it when you ask us to. To provide the Services Supawiki store and accesses your content. You give us permission to do these things.

  • 3. Your responsibilities

    Your use of our Services must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.

    Supawiki may review your conduct and content for compliance with these Terms and our Acceptable Use policy. We are not responsible for the content people post and share via the Services.

    Help us keep your content protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.

    You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13 if you reside in the United States, and 16 if you reside anywhere else. If the law where you reside requires that you must be older in order for Supawiki to lawfully provide the Services to you without parental consent (including use of your personal data), then you must be that older age.

  • 4. Our proprietary rights

    • 4.1. Beta services

      We sometimes release products and features that we’re still testing and evaluating (“Beta Services”). Beta Services are labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as Supawiki’s other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback.

    • 4.2. Additional features

      From time to time, Supawiki will add additional features to enhance the user experience of our storage service at no additional charge. However, these free features may be withdrawn without further notice.

    • 4.3. Third-party features

      The Service may contain links to third-party materials that are not owned or controlled by Supawiki. Supawiki does 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 Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms do not apply to your use of such sites. You expressly relieve Supawiki from any and all liability arising from your (including any Authorized Users’) access to or use of any third-party website, service, or content, including, without limitation, User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Supawiki will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

    • 4.4. Our content

      These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, Supawiki trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

    • We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing and terminate accounts that incur into repeated infringements.

    • 4.6. Privacy

      We care about the privacy of our Users. You understand that by using the Services you acknowledge that you have read and understood our Privacy Policy (as may be updated from time to time), which explains how your personal information is collected, used, and disclosed by Supawiki. You also understand and acknowledge that your personal information is collected, used, transferred to and processed in the United States.

    • 4.7. Security

      Supawiki cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information, and, if applicable, that of the Authorized Users, at your own risk.

    • 5.1. Billing policies

      We will automatically bill you to a paid account and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph does not override these laws.

    • 5.2. Cancellation

      You may cancel your paid account at any time.

      Purchases are non-refundable; Supawiki is not obligated to refund any payments, but may do so at its sole discretion. Subject to the foregoing sentence, you acknowledge and agree that, in the event that: (I) Supawiki suspends or terminates your subscription, your user account, or these terms, or (II) you cancel your subscription, you will receive no refund for such suspension, termination, or cancellation, nor for any unused time on your subscription, any pre-payments made in connection with your subscription, any license or subscription fees for any portion of the service, any content or data associated with your user account, or anything else.

    • 5.3. Changes

      We may change the fees in effect on renewal of your subscription, to reflect factors such as changes to our product offerings, changes to our business, or changes in economic conditions. We’ll give you no less than 30 days advance notice of these changes via a message to the email address associated with your account and you’ll have the opportunity to cancel your subscription before the new fee comes into effect.

  • 6. Termination

    You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if Supawiki reasonably believes:

    • You’re in breach of these Terms;
    • Your use of the Services would cause a real risk of harm or loss to us or other users, or;
    • You don’t have a Paid Account and haven’t accessed our Services for 24 consecutive months.

    We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export your content from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.

    We won’t provide notice or an opportunity to export your content before termination or suspension of access to the Services where Supawiki reasonably believes:

    • You’re in material breach of these Terms, which includes, but is not limited to, violating our Acceptable Use Policy;
    • Doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or;
    • We’re prohibited from doing so by law.

    Once we suspend or terminate your access to the Services, you will not be able to access or export your content. Supawiki does not provide refunds if we suspend or terminate your access to the Services, unless required by law.

  • 7. Discontinuation of Services

    We may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond Supawiki’s control (for example a natural disaster, fire, or explosion), or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export your content from our systems (we will give you no less than 30 days notice where possible under the circumstances). If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.

  • 8. No warranties

    We strive to provide great Services, but there are certain things that we can’t guarantee. To the fullest extent permitted by law, Supawiki makes no warranties, either express or implied, about the Services. The Services are provided “as is”. We also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you. For example, these disclaimers do not override the legal protections, including statutory warranties, granted to consumers by EU law.

  • 9. Limitation of Liability

    We don’t exclude or limit our liability to you where it would be illegal to do so—this includes any liability for Supawiki’s fraud or fraudulent misrepresentation in providing the Services. In countries where the following types of exclusions are not allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph does not affect consumer rights that can’t be waived or limited by any contract or agreement. If you are an EU or UK consumer, these Terms do not exclude Supawiki’s liability for losses and damages that are a result of our failure to use reasonable care and skill in providing the Services or of our breach of our contract with you, as long as those losses and damages are reasonably foreseeable.

    In countries where exclusions or limitations of liability are allowed, Supawiki won’t be liable for:

    • Any indirect, special, incidental, punitive, exemplary, or consequential damages, or;
    • Any loss of use, data, business, or profits, regardless of legal theory.

    These exclusions or limitations will apply regardless of whether or not Supawiki has been warned of the possibility of such damages.

    If you use the Services for any commercial, business, or re-sale purpose, Supawiki will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Supawiki is not responsible for the conduct, whether online or offline, of any user of the Services.

    Other than for the types of liability we cannot limit by law (as described in this section), we limit our liability to you to the greater of $50 USD or 100% of any amount you’ve paid under your current service plan with Supawiki. This provision does not apply to EU consumers where prohibited by applicable law.

  • 10. Supawiki's artificial intelligence assistant

    Supawiki implements an artificial intelligence assistant based on Meta's Llama 2 large language model. Such assistant is designed to answer questions and engage with the user in a way that imitates conversations between real people.

    The assistant's answers are result of weighted algorithms that can sometimes provide wrong or misleading answers. By using Supawiki's AI assistant you accept that its answers may not be correct. You refrain from taking any action or making any assumptions based solely on its answers.

  • 11. Resolving Disputes

    • 11.1. Governing law

      You and Supawiki agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Brasília, Distrito Federal, Brazil.

    • 11.2. Disputes

      For any claim you agree to first contact us at contact@supawiki.com and to attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve the Claim after sixty (60) days you or Supawiki may bring a formal proceeding.

    • 11.3. Class action / jury trial waiver

      Regardless of the type of user you are, any claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. This class action/jury trial waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You and Supawiki agree that the arbitrator may award relief only to an individual claimant and only to the extent necessary to provide relief on your individual claim(s). Any relief awarded may not affect other users. You and Supawiki further agree that, by entering into these Terms, you and Supawiki are each waiving the right to a trial by jury or to bring, join, or participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind as a plaintiff or class member.

  • 12. General

    • 12.1. Assignment

      These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Supawiki without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

    • 12.2. Modifications

      We may revise these Terms to better reflect:

      • Changes to the law;
      • New regulatory requirements;
      • Improvements or enhancements made to our Services.

      If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated Terms will be effective no less than 30 days from when we notify you.

      If you don’t agree to the updates we make, please cancel your account and stop using the Services before the updated Terms become effective.

    • 12.3. Entire agreement / severability

      These Terms, together with any amendments and any additional agreements you may enter into with Supawiki in connection with the Service, will constitute the entire agreement between you and Supawiki concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

    • 12.4. No waiver

      No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and Supawiki’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.