Updated on December 14, 2023
BeConfident is licensed to you (End User) by BECONFIDENT INTELIGÊNCIA ARTIFICIAL EM IDIOMAS LTDA, located and registered at Avenida Paulista, 1636, Room 1504, São Paulo, SP 01310-200, Brazil ("Licensor"), for use only under the terms of this License Agreement.
By downloading the Licensed Application from the software distribution platforms of Apple ("App Store") and Google ("Play Store"), and any subsequent updates (as permitted by this License Agreement), you indicate your agreement to be bound by all the terms and conditions of this License Agreement and that you accept this License Agreement. App Store and Play Store are referred to in this License Agreement as "Services".
The parties to this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations regarding the Licensed Application, such as warranties, liabilities, maintenance, and support thereof. BECONFIDENT INTELIGÊNCIA ARTIFICIAL EM IDIOMAS LTDA, and not the Services, is solely responsible for the Licensed Application and its content.
This License Agreement may not establish usage rules for the Licensed Application that conflict with the latest Apple Media Services Terms and Conditions and Google's Play Terms of Service ("Usage Rules"). BECONFIDENT INTELIGÊNCIA ARTIFICIAL EM IDIOMAS LTDA acknowledges that it has had the opportunity to review the Usage Rules and that this License Agreement does not conflict with them.
BeConfident, when acquired or downloaded through the Services, is licensed to you for use only under the terms of this License Agreement. The Licensor reserves all rights not explicitly granted to you. BeConfident must be used on devices operating on Apple operating systems ("iOS" and "Mac OS") or Google ("Android").
BeConfident ("Licensed App") is software created to facilitate language learning — and personalized for iOS and Android mobile devices ("Devices"). It is used to practice language conversations with AI tutors.
The Licensed App is not designed to comply with specific industry regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions are subject to such laws, you cannot use this Licensed App. You may not use the Licensed App in a manner that violates the Gramm-Leach-Bliley Act (GLBA).
2.1 You may not share or make the Licensed Application available to third parties (unless permitted by the Usage Rules and with prior written consent from BECONFIDENT INTELIGÊNCIA ARTIFICIAL EM IDIOMAS LTDA), sell, rent, loan, lease, or redistribute the Licensed Application in any other way. This is a subscription service that automatically renews. We also intend to provide information about our Subscription Policy at the point of purchase or near it. Please read these Terms and the Subscription Policy carefully before starting a free trial or completing a purchase for the automatic renewal subscription services of the application. To avoid being charged, you must affirmatively cancel your subscription or free trial at least 24 hours before the end of the free trial or the current subscription period. If you do not know how to cancel a subscription or a free trial, visit Apple Support, Google Play Help (or any other relevant app store support page), or our website, depending on where you acquired your subscription. Deleting the app does not cancel your subscriptions or free trials. You may want to take a screenshot of this information for your reference.
2.2 You may not reverse engineer, translate, decompile, integrate, remove, modify, combine, create derivative works or updates of the Licensed Application, or attempt to derive the source code of the Licensed Application, or any part of it (except with prior written consent from BECONFIDENT INTELIGÊNCIA ARTIFICIAL EM IDIOMAS LTDA).
2.3 You may not copy (except when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or parts of it. You may create and store copies only on devices that you own or control for backup purposes, under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that unauthorized third parties may access these copies at any time. If you sell your Devices to third parties, you must remove the Licensed Application from the Devices before doing so.
2.4 The Licensor reserves the right to modify the licensing terms and conditions.
2.5 Nothing in this license is intended to restrict the terms of third parties. When using the Licensed Application, you must ensure that you comply with the applicable third-party terms and conditions.
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can contact the Licensor at the email address listed in the Overview of the App Store or Play Store for this Licensed Application.
4.2 BECONFIDENT INTELIGÊNCIA ARTIFICIAL EM IDIOMAS LTDA and the End User acknowledge that the Services have absolutely no obligation to provide any maintenance and support services regarding the Licensed Application.
You acknowledge that the Licensor will be able to access and adjust the content of the Licensed Application downloaded by you and your personal information, and that the use of such material and information by the Licensor is subject to your legal agreements with the Licensor and the Licensor's privacy policy: https://link.beconfident.app/privacy-policy.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system and application software, and peripherals, provide product support, facilitate software updates, and for the purposes of providing other services to you (if any) related to the Licensed Application. The Licensor may also use this information to improve its products or to provide services or technologies to you, as long as they are in a form that does not personally identify you.
The Licensed Application does not provide users the opportunity to send or post content. We may provide you the opportunity to create, send, post, display, transmit, perform, publish, distribute, or stream content and materials to us or in the Licensed Application, including, but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewed by other users of the Licensed Application and through third-party websites or applications. As such, any Contribution you transmit may be treated in accordance with the Licensed Application's Privacy Policy. When you create or make available any Contribution, you represent and warrant that:
The creation, distribution, transmission, public display or performance, and the access, download or copying of your Contributions do not infringe any proprietary rights, including, but not limited to copyrights, patents, trademarks, trade secrets, or moral rights of any third parties.
You are the creator and owner of the necessary licenses, rights, consents, authorizations and permissions to use and authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
You have the written consent, release, and/or permission of each identifiable person in your Contributions to use the name or likeness of each identifiable person to enable the inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
Your Contributions are not false, inaccurate or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, bulk mailings or other forms of solicitation.
Your Contributions are not obscene, lewd, filthy, violent, hostile, defamatory, libelous or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation or rule.
Your Contributions do not violate the privacy or publicity rights of any third parties.
Your Contributions do not violate any applicable law regarding child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference or physical disability.
Your Contributions do not violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the above violates this License Agreement and may result, among other things, in the termination or suspension of your rights to use the Licensed Application.
You agree that we can access, store, process, and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback about the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not claim any ownership of your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other ownership rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to indemnify us from any and all liability and to refrain from any legal action against us in relation to your Contributions.
8.1 The Licensor shall not assume any responsibility for damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, it is necessary for you to make use of the backup functions of the Licensed Application to the extent permitted by the applicable third-party terms and conditions. You are aware that, in the event of changes or manipulations of the Licensed Application, you will not have access to the Licensed Application.
9.1 The Licensor guarantees that the Licensed Application is free from spyware, Trojans, viruses, or any other malware at the time of download. The Licensor guarantees that the Licensed Application works as described in the user documentation.
9.2 No warranty is provided for the Licensed Application that is non-executable on the device, that has been modified without authorization, improperly manipulated or culpably combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless of whether it is by your own initiative or by third parties, or if there are other reasons beyond the control of BECONFIDENT INTELIGÊNCIA ARTIFICIAL EM IDIOMAS LTDA that affect the executability of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing it and notify BECONFIDENT INTELIGÊNCIA ARTIFICIAL EM IDIOMAS LTDA of any issues discovered without delay via the email provided in the Contact Information. The defect report will be taken into account and investigated further if sent by email within a period of ________ days after discovery.
9.4 If we confirm that the Licensed Application is defective, BECONFIDENT INTELIGÊNCIA ARTIFICIAL EM IDIOMAS LTDA reserves the right to remedy the situation by resolving the defect or providing a replacement.
9.5 In the event of any failure of the Licensed Application in accordance with any applicable warranty, you may notify the Service Store Operator, and the purchase price of your Licensed Application will be refunded to you. To the maximum extent permitted by applicable law, the Service Store Operator shall have no further warranty obligation regarding the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence in adhering to any warranty.
9.6 If the user is a businessperson, any claim based on defects expires after a statutory limitation period of twelve (12) months after the Licensed Application has been made available to the user. The statutory limitation periods provided by law apply to users who are consumers.
BECONFIDENT INTELLIGENCE ARTIFICIAL IN LANGUAGES LTD and the End User acknowledge that BECONFIDENT INTELLIGENCE ARTIFICIAL IN LANGUAGES LTD, and not the Services, is responsible for handling any claims from the End User or third parties related to the Licensed Application or the possession and/or use of that Licensed Application by the End User, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application is not in compliance with any applicable legal or regulatory requirement; and
(iii) claims arising from consumer protection, privacy, or similar legislation, including in connection with the use of your Licensed HealthKit and HomeKit Application.
You declare and guarantee that you are not located in a country subject to a United States Government embargo, or that has been designated by the United States Government as a country that "supports terrorism"; and that you are not listed on any United States Government prohibited or restricted parties list.
For questions, complaints, inquiries, or general claims related to the Licensed Application, please contact:
BeConfident Avenida Paulista, 1636 Room 1504, São Paulo, SP 01310-200 - Brazil
The license is valid until terminated by BECONFIDENT INTELIGÊNCIA ARTIFICIAL EM IDIOMAS LTDA or by you. Your rights under this license will automatically terminate without notice from BECONFIDENT INTELIGÊNCIA ARTIFICIAL EM IDIOMAS LTDA if you fail to comply with any term of this license. Upon termination of the license, you must cease all use of the Licensed Application and destroy all copies, complete or partial, of the Licensed Application.
BECONFIDENT ARTIFICIAL INTELLIGENCE IN LANGUAGES LTD declares and guarantees that it will comply with the applicable third-party agreements when using the Licensed Application.
According to Section 9 of the "Instructions for Minimum Terms of the Developer's End User License Agreement", both Apple and Google and their subsidiaries will be third-party beneficiaries of this End User License Agreement and — upon your acceptance of the terms and conditions of this End User License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against you as a third-party beneficiary thereof.
BECONFIDENT INTELLIGENCE ARTIFICIAL IN LANGUAGES LTD and the End User acknowledge that, in the event of any third-party claims that the Licensed Application or the possession and use of this Licensed Application by the End User infringes third-party intellectual property rights, BECONFIDENT INTELLIGENCE ARTIFICIAL IN LANGUAGES LTD, and not the Services, shall be solely responsible for the investigation, defense, settlement, and release of any claims of intellectual property infringement.
This License Agreement is governed by the laws of Brazil, excluding its conflict of law rules.
17.1 If any of the clauses of this agreement are or become invalid, the validity of the remaining provisions shall not be affected. Invalid clauses shall be replaced by valid ones formulated to achieve the main purpose.
17.2 Side agreements, changes, and amendments are only valid if established in writing. The previous clause can only be waived in writing.
