Terms of Use

1. About this document

These Terms of Use (“Terms”) govern access to and use of the Capy Contentplatform (“Platform”, “Service”), operated by Gambiarra(“we”, “our company”), headquartered in Brazil (CNPJ 68.541.801/0001-06).

By creating an account or using Capy Content, you (“User”, “you”) fully agree to these Terms, including any future amendments published in accordance with Section 13 (“Changes to these Terms”). Creating an account is an explicit acceptance of the Terms in effect at that time and of any later update that takes effect afterwards. If you do not agree with the current Terms or with a future update, you must stop using the Service and, if applicable, cancel your account.

2. Who can use Capy Content

• You must be at least 13 years old to use the Service.
• Users between 13 and 18 years old declare they have authorization from a legal guardian to use the Service, especially regarding the purchase of paid plans.
• When signing up, you declare that the information provided is true, complete, and up to date.
• You are responsible for keeping your password confidential and for all activities carried out on your account.

3. Description of the Service

Capy Content is a SaaS (Software as a Service) that provides AI-powered tools to create ready-to-post Instagram carousels — from the slide text to the editable visual design — based on each brand’s DNA (tone of voice, niche, and visual identity). We reserve the right to modify, add, or remove features at any time, with reasonable notice when the change is relevant.

4. Registration and Account

• You must create an account with a valid email to use most of the features.
• Each account is personal and non-transferable, except for business / multi-user plans expressly contracted.
• We may suspend or close accounts that violate these Terms, show suspicious or fraudulent activity, or fall into arrears.

5. Plans, Payments, and Billing

• Capy Content may offer free and paid plans. Specific conditions for each plan (price, billing period, features) will be presented at the time of purchase.
• Payments are processed by Stripe, a third-party payment processor. By entering your payment details, you also agree to Stripe’s Terms and their Privacy Policy.
• We do not store full credit card data on our servers — this processing is done directly by Stripe.
• Recurring charges (subscriptions) will be renewed automatically until canceled by you, according to the rules of the contracted plan.
• Refunds, when applicable, will follow the policy described at the time of purchase or the applicable law (e.g., the Consumer Protection Code, for users in Brazil).

6. Acceptable Use

By using Capy Content, you agree not to:

• Use the Service for illegal, fraudulent, or unauthorized purposes;
• Attempt to access restricted areas, third-party accounts, or data that does not belong to you;
• Reverse engineer, copy, modify, or commercially exploit the code or structure of the Platform without authorization;
• Send viruses, malware, or any malicious code;
• Use bots, scraping, or unauthorized automation to extract data from the Platform;
• Publish or distribute illegal, defamatory, discriminatory content, content that violates third-party copyrights, or content that incites violence.

Violations may result in immediate suspension or termination of the account, without prior notice, and communication to authorities where applicable.

7. Intellectual Property

• All code, design, brand, logo, and other elements of Capy Content are the property of Gambiarra or its licensors, protected by intellectual property laws.
• The content you create, upload, or store on the Platform remains your property. By using it, you grant us a limited, non-exclusive license to host, process, and display that content solely for the purpose of operating the Service.
• Use of generated content for research: we may also use content generated on the Platform — always in anonymized or aggregated form, without identifying you or your brand — to study patterns, and to train, evaluate, and improve our AI content-generation systems and other product features.
• You declare that you have the necessary rights to any content you upload to the Platform.
• Use of your name and brand for publicity purposes: by creating an account, you grant Capy Content a non-exclusive, royalty-free, worldwide license to use your company’s name, trademarks, logos, and visual identity for the sole purpose of publicly identifying you as a Capy Content customer or partner — for example, on our website, in marketing materials, on social media, in pitch decks, and in press releases. This use does not suggest that you formally endorse Capy Content beyond the existence of this business relationship, and it will respect your brand guidelines whenever provided. You may revoke this authorization at any time by written request to our contact email (Section 16); we will remove the corresponding references within a reasonable period after the request.

8. AI-Generated Content

Capy Content uses artificial intelligence — including third-party AI model providers — to generate headlines, slide text, and content suggestions based on the information you provide, such as your brand’s tone of voice, niche, and base text or ideas.

• AI-generated content may contain errors, inaccuracies, or phrasing that does not fully match your brand’s voice or intent.
• You are solely responsible for reviewing, editing, and approving any AI-generated content before publishing or otherwise using it.
• We do not guarantee that AI-generated content is free of factual errors, offensive language, or third-party rights infringement.
• You must not use the Service to generate content that is illegal, infringing, defamatory, discriminatory, or that otherwise violates Section 6 (“Acceptable Use”).

9. Service Availability

• We strive to keep Capy Content continuously available, but we do not guarantee uninterrupted availability.
• We may carry out scheduled or emergency maintenance, which may cause temporary unavailability.
• We are not liable for losses resulting from unavailability, technical failures, cyber attacks, or issues beyond our reasonable control (force majeure).

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• Capy Content is provided “as is” and “as available”, without warranties of any kind, express or implied.
• We are not liable for indirect, incidental, consequential damages, or loss of profits arising from the use or inability to use the Service.
• Our total liability, if any, will be limited to the amount you paid in the last 12 months of using the Service.

11. Indemnification

You agree to indemnify and hold Gambiarra, its officers, employees, and partners harmless from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of: (a) your use of the Service in violation of these Terms; (b) content you create, upload, or generate through the Platform; (c) infringement of third-party intellectual property or other rights caused by your content; or (d) your violation of any applicable law.

12. Cancellation and Termination

• You may cancel your account at any time through the Platform settings or by contacting us.
• We may terminate or suspend your access, at our discretion, in case of violation of these Terms, default, or a legal order.
• After cancellation, your data will be handled as described in our Privacy Policy.

13. Changes to these Terms

We may update these Terms periodically. Relevant changes will be communicated by email or notice on the Platform with reasonable prior notice. Continued use of the Service after a change implies acceptance of the new Terms — as does creating a new account or keeping an existing account active after the update takes effect, per Section 1.

14. General Provisions

• Severability: if any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force.
• Assignment: we may assign or transfer our rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets; you may not assign your rights without our prior written consent.
• Entire agreement: these Terms, together with our Privacy Policy, constitute the entire agreement between you and Gambiarra regarding the Service.
• No waiver: our failure to enforce any provision of these Terms will not be considered a waiver of that provision.

15. Applicable Law and Jurisdiction

These Terms are governed by the laws of the Federative Republic of Brazil. The courts of the district of São Paulo, State of São Paulo, Brazil, are elected to settle any disputes, waiving any other, however privileged, subject to applicable consumer protection provisions.

For users outside Brazil, this does not affect mandatory rights guaranteed by the local consumer protection legislation of their country of residence.

16. Contact

Questions about these Terms can be sent to:

capycontent@zimbo.africa