Terms of use
GENERAL TERMS AND CONDITIONS OF USE OF THE TUCA PLATFORM
TUCA is the brand under which SEMEIA LAB SERVIÇOS LTDA. operates the PLATFORM. The contracting party in this document is SEMEIA LAB.
These General Terms and Conditions of Use (“Terms”) apply to access to and use of the services made available by SEMEIA LAB SERVIÇOS LTDA., a company incorporated under Brazilian law, registered with the CNPJ (Brazilian company registration number) under No. 66.940.215/0001-09, with its registered office at Rua Visconde de Inhaúma, nº 134, Sala 2001 – Parte, Rio de Janeiro/RJ, operator of the platform available at https://tuca.guide and of the services covered by these Terms, which uses the brand “TUCA”, hereinafter referred to as “SEMEIA LAB”, by any NATURAL PERSON, over 18 (eighteen) years of age and legally capable, who has completed the REGISTRATION, whose data become part of these Terms, and who has electronically accepted all of its clauses and the other applicable policies made available on the PLATFORM, hereinafter referred to as “USER”.
The services made available by SEMEIA LAB through the PLATFORM shall be governed by the clauses and conditions below, without prejudice to the commercial conditions of the PASSES, the offers and the functionalities communicated to the USER before contracting. The Services are intended for the provision of travel information and digital content, through conversational interaction between the USER and an artificial intelligence system and access to a personal guide in a web environment, depending on the product purchased.
By electronically accepting these Terms, by clicking the button or selecting the command intended for acceptance of the Terms of Use during the REGISTRATION or the first access to the PLATFORM, the USER will be adhering to and agreeing to be bound in full by their provisions, by the Privacy Policy and by the other applicable policies, as well as by future amendments made in accordance with Clause 5 of these Terms.
CLAUSE 1 – DEFINITIONS
1.1. For an exact understanding and interpretation of the rights and obligations set out in the present Terms, the following definitions are adopted:
a) REGISTRATION: electronic registration form containing the USER’s data, completed directly by the USER with the information necessary for creating the account, authentication by e-mail, contracting and use of the PLATFORM and of SEMEIA LAB’s Services;
b) LOGIN: valid e-mail address, of legitimate use, provided by the USER at the time of the REGISTRATION, used for the USER’s identification and for receiving the ACCESS LINK to the PLATFORM;
c) PLATFORM: digital platform for tourist information and AI-powered travel guide, accessible by browser and as a web app that can be installed on the home screen of a compatible device, without the need for installation through an app store, which allows the USER to chat directly with the AI, consult answers and recommendations, access a personal guide on the web, and use tools for rating and commenting on the experience, according to the functionalities and the PASS contracted. The PLATFORM does not offer chat, direct messages, forums, groups, a member directory or a conversation environment between USERS;
d) ACCESS LINK: individual authentication link sent to the registered e-mail address, which allows access to the account without creating a SEMEIA LAB password of its own. The link, the authentication tokens and the session must be kept confidential. If the USER loses access or identifies a compromise of the link, the USER may request a new link or support through the mechanisms made available, subject to the applicable security checks;
e) WEBSITE: SEMEIA LAB’s electronic portal, available at https://tuca.guide, through which the USER may obtain information about the Services, consult the offers and commercial conditions, complete the REGISTRATION, purchase PASSES and access the PLATFORM, by means of LOGIN and ACCESS LINK. Access to the chat, to the web guide, and to the other content will depend on the free tier or the PASS purchased, its validity and the functionalities described in the offer;
f) PASS: temporary and personal right of access to the paid Services, purchased by the USER personally by means of a single payment, without subscription or automatic renewal. It covers the Tuca Pass, Carnival Pass, combination of passes (“Bundle”) and add-ons (“add-ons” or upgrades) expressly offered, with the content, limits, price and conditions communicated before the purchase;
g) AI: artificial intelligence system used by SEMEIA LAB to produce answers to the USER’s requests with the support of a verified local knowledge base. The answers are generated automatically, may contain inaccuracies, omissions, outdated information or errors of interpretation, and are not equivalent to human assistance, individualized professional advice, official communication or a guarantee of results;
h) CONTRIBUTION: any content entered or sent by the USER on the PLATFORM, including questions, instructions, information voluntarily provided to the chat, positive or negative ratings by means of “joinha”, “thumbs up” and “thumbs down”, comments on answers or on the USER’s experience, reports of problems and other materials whose submission is permitted by the functionalities available. AI-generated answers are not to be confused with CONTRIBUTIONS; and
i) FEEDBACK: rating or comment sent by the USER to SEMEIA LAB about the functioning of the PLATFORM, the usefulness or correctness of an answer or the quality of the experience, including by means of “thumbs up”, “thumbs down” and a comment field when the experience is not satisfactory. FEEDBACK is addressed to SEMEIA LAB and does not constitute a message intended for another USER or authorization for public disclosure of the conversation history.
CLAUSE 2 – PURPOSE
2.1. SEMEIA LAB makes available a digital AI travel guide platform that allows the USER to plan the trip and obtain information during the stay in the selected city, through direct conversation with the PLATFORM and access to a personal guide on the web, according to the PASS purchased. The content is initially made available in German and English, depending on the language options and the compatibility of the device. The Tuca Pass comprises chat and travel guide; the Carnival Pass comprises Carnival-specific content, such as blocos, Sambódromo and precautions, within the limits of the offer; the Bundle combines the products indicated at the time of purchase. The Services are for informational and auxiliary purposes and do not include the performance of tours, transport, accommodation, sale of third-party tickets, in-person accompaniment or emergency assistance.
2.1.1. In this regard, the USER agrees and authorizes SEMEIA LAB to carry out, on the USER’s account and order, the technical operations requested by the USER within the PLATFORM, such as receiving and processing questions, consulting the knowledge base, generating and displaying AI answers, storing and organizing the history in accordance with the Privacy Policy, making the web guide available, recording ratings and comments, and carrying out external sharing expressly triggered. This authorization is limited to the technical execution of the USER’s commands and does not constitute a mandate (mandato, a Brazilian-law legal concept of authorization to act on another’s behalf), commercial representation, agency, partnership or authorization for SEMEIA LAB to assume obligations on behalf of the USER or to make reservations and contracts with third parties.
2.1.2. Through the TUCA PLATFORM, by means of LOGIN and ACCESS LINK, the USER may access the information, AI answers, personal guide, and functionalities made available under the USER’s access tier, as well as change the USER’s registration data, preferences and CONTRIBUTIONS authored by the USER, when this functionality is available and without prejudice to records whose retention is necessary for compliance with a legal, regulatory or contractual obligation. The availability of continuous access to the history or to previous versions of the guide will depend on the functionalities actually offered and is not equivalent to a permanent storage service.
2.2. Notwithstanding that it may be used from anywhere in the world, the USER declares that the USER is aware and agrees that the Services are subject to the applicable Brazilian rules, without prejudice to the consumer protection and personal data rules of other countries that apply to the contract. The language, the currency of the offer, the USER’s residence or use outside Brazil do not represent a waiver of the mandatory protections that apply, also subject to the provisions of Clause 12.
2.3. After accessing the account, the USER may view, according to the free tier or the PASS contracted: (i) the chat and the answers generated by the AI to the USER’s questions; (ii) the personal guide, the travel content and the download options available; and (iii) the rating controls and the comment and experience-report fields made available by SEMEIA LAB. The PLATFORM will process the questions and will direct the FEEDBACKS to SEMEIA LAB for evaluation and improvement of the Services. Chat messages are not forwarded to other USERS for response, debate or contracting.
2.3.1. Should the USER wish to obtain information, request an itinerary suggestion, clarify a travel question or consult content related to Carnival, for example, the USER may enter the question in the chat or select the corresponding functionality. SEMEIA LAB may present suggestions, search results and related content based on the request, the preferences provided and the interactions carried out. These suggestions are auxiliary in nature, are generated by AI and do not represent a guarantee of suitability, availability, accuracy, safety of places, operation of establishments or fulfilment of specific interests. Relevant information must be confirmed with official sources or directly with the party responsible for the service before decisions are made.
2.3.2. The USER may rate answers or the USER’s experience by means of “joinha”, “thumbs up” or “thumbs down” and send comments, including to explain an unsatisfactory experience, point out an error or request analysis of a problem. Sending a rating or comment is optional, does not require a positive rating and is not a condition for continued access under the contract. Good-faith criticism is permitted. FEEDBACKS will be received by SEMEIA LAB and will not function as a forum or conversation channel between USERS. Their use will observe the purposes and limits set out in Clause 7 and does not, by itself, authorize publication of the report as a commercial testimonial.
2.3.3. Questions, conversation history and comments will be processed technically for the operation of the chat, recording of FEEDBACK, support, security and improvement of the Services, in accordance with the Privacy Policy and the relevant legal bases, with access limited to authorized persons and suppliers. These contents will not be automatically made available to other USERS. When the PLATFORM provides a command for sharing an answer via WhatsApp or another external service, the USER will choose to trigger it and will be responsible for checking the content and the recipients before sending. This sharing takes place outside the internal conversation with SEMEIA LAB, is also subject to the rules of the external service and does not create a messaging functionality between USERS on the PLATFORM.
2.4. The USER declares that the USER holds the rights, authorizations and legal bases necessary over the names, trademarks, images, photographs, texts, data and other materials that the USER enters on the PLATFORM and is responsible for their use and for any violations of third-party rights. The REGISTRATION does not create a public profile or member directory. The USER’s name, e-mail, questions and history will not be displayed to other USERS merely as a result of acceptance of these Terms. The USER must avoid including third parties’ personal data or sensitive information unnecessary for the USER’s request.
2.4.1. SEMEIA LAB may use these elements strictly to the extent necessary to provide the Services, operate the PLATFORM, process the request, serve the USER and analyze FEEDBACKS under the terms of the Privacy Policy, without such use amounting to a transfer of ownership to SEMEIA LAB. Public disclosure of an identifiable comment, image or testimonial for advertising will depend on specific and prominent authorization, where required, which is not covered by the general acceptance of these Terms. SEMEIA LAB will take the appropriate measures after specific notice of any unlawful use, under the terms of the applicable legislation.
2.5. The USER’s interactions with the AI and the FEEDBACKS may be technically processed, organized and, when necessary, analyzed by authorized SEMEIA LAB personnel in order to provide support, investigate complaints, correct failures, prevent abuse and preserve security and the rights of third parties, within the limits of Clause 7. Chat answers are generated by AI, without prior human review of each answer and without any promise of real-time human follow-up. Recording a “thumbs down” or a comment is not equivalent to triggering an emergency service nor does it ensure an immediate human response, and the service channels remain available for the exercise of rights and for complaints.
2.6. SEMEIA LAB will inform clearly, in the chat and before or at the start of the first interaction, that the USER is talking to an artificial intelligence system. The AI will not be presented as a person, human guide or official authority. The indication that the chat is available 24 hours a day refers to access to the automated tool, subject to the technical conditions of these Terms, and not to the existence of a human team available in real time. The chat requires an internet connection and does not replace contact with providers, official sources or emergency services.
2.6.1. The verified local knowledge base is used as support for the answers, but does not eliminate the limitations of AI models. Generated content may be incomplete, unsuitable for the specific context or outdated, including as regards safety, itineraries, prices, opening hours and programming. SEMEIA LAB will maintain means for reporting errors and will take reasonable corrective measures where applicable. The warnings about limitations form part of the information about the product and do not exclude warranties or liabilities that the law imposes on SEMEIA LAB.
CLAUSE 3 – ACCOUNT CREATION AND USE OF THE TOOLS
3.1. To use the PLATFORM, the USER must access the WEBSITE or the web app and complete the REGISTRATION made available for enabling the USER, providing SEMEIA LAB with the data requested and necessary for creating the account, identifying the USER, purchasing the PASS and providing the Services, being civilly and criminally responsible for the truthfulness, accuracy and lawfulness of the information provided, including vis-à-vis third parties, and undertaking to keep it up to date. Authentication will be carried out through the link sent to the registered e-mail, without a password of the PLATFORM’s own.
3.1.1. Free access allows 5 (five) answers, by means of LOGIN, within the limits of the offer. Continuation of paid access and additional content depend on the purchase of the corresponding PASS or add-on, in accordance with Clause 4. The USER must provide a valid e-mail address, of legitimate use and under the USER’s control, necessary for authentication and for receiving confirmations and operational communications. Additional billing data will be requested only when necessary for the operation or for compliance with legal obligations.
3.1.2. SEMEIA LAB does not necessarily carry out prior, individual and in-depth verification of the identity, information or profile of all USERS who wish to use the Services, without prejudice to the validation, access control and security procedures provided for in Clauses 3.2, 3.2.1, 3.3 and 3.3.3. Authentication by e-mail is not equivalent to certification of civil identity. SEMEIA LAB is not responsible for false or inaccurate information entered by USERS, nor for improper use of accounts or functionalities by third parties, except where the damage results from an act or omission attributable to SEMEIA LAB, under the terms of the applicable legislation.
3.1.3. SEMEIA LAB’s site and the PLATFORM will be made available continuously, whenever possible, subject to interruptions necessary for scheduled or emergency maintenance, updates, correction of failures, implementation of security measures or resulting from facts beyond SEMEIA LAB’s reasonable control. Scheduled maintenance that may cause significant unavailability will be announced in advance, whenever reasonably possible, by notice on the WEBSITE, on the PLATFORM or through another suitable electronic channel.
3.1.4. The LOGIN, the ACCESS LINK, the tokens and the authentication sessions are for the USER’s personal and non-transferable use, for which reason SEMEIA LAB is not responsible for unauthorized use of this information when it results from an act, omission or security failure attributable to the USER. The USER must adopt all reasonable measures to protect the USER’s e-mail and device, keep the USER’s links confidential and prevent third-party access to the account, without forwarding login links or authenticated sessions to other persons. The existence of access on up to 2 (two) devices does not authorize sharing the PASS between different persons.
3.1.5. The USER undertakes to notify SEMEIA LAB immediately upon becoming aware of any unauthorized use of the USER’s account, compromise of the e-mail or of the ACCESS LINK, or improper access by third parties. The USER will be responsible for operations carried out on the USER’s account when they result from the USER’s action or omission, from improper sharing of credentials or from non-compliance with the security measures provided for in these Terms, without prejudice to SEMEIA LAB’s liability for failures attributable to it. SEMEIA LAB may invalidate compromised links and sessions and request new authentication in order to protect the account.
3.2. SEMEIA LAB reserve the right to use all valid and proportionate means to identify its USERS, therefore SEMEIA LAB may, at any time and when necessary for security, fraud prevention, confirmation of age or capacity, compliance with a legal obligation or protection of the rights of USERS, request additional information or copies of documents from the USER, so as to ensure the truthfulness of the data. In these cases, SEMEIA LAB may temporarily restrict or suspend access to the account or to certain functionalities until the requested documents are received, being exempt from liability for this restriction when the measure is reasonable, necessary and duly communicated.
3.2.1. Should any data be found by SEMEIA LAB to be inconsistent with the documents presented, the USER will have a period of 2 (two) business days or another reasonable period stated in the request, taking into account the nature of the correction, to make the appropriate corrections, failing which access to the PLATFORM will be temporarily blocked until the REGISTRATION is regularized, and the said REGISTRATION may even be permanently cancelled where the irregularity is not remedied, or there is fraud, a security risk or another relevant violation, with information and an opportunity to explain being ensured, whenever applicable, without prejudice to other legally permissible measures necessary to protect SEMEIA LAB, the PLATFORM and its USERS. The documents and data collected for this purpose will be processed for the period necessary for verification and for compliance with the applicable legal obligations, in accordance with the Privacy Policy.
3.3. The information provided by the USER, including registration data, questions, chat history and FEEDBACKS, will be processed by SEMEIA LAB SERVIÇOS LTDA. in the capacity of controller of the operations whose purposes and means it determines, under the terms of the Privacy Policy and data protection legislation. Technology suppliers may act as processors or independent controllers, depending on the activities actually carried out and their own legal obligations. No conversation history or comment will be made public by the mere use of the chat or the ratings.
3.3.1. This information may be shared with service providers, companies of the same economic group, technology partners and other recipients necessary for the operation of the PLATFORM, the provision of the Services, security, fraud prevention or compliance with a legal or regulatory obligation, always in accordance with a legitimate purpose, an adequate legal basis and compatible protection measures. It may also be provided when required by law or court order, or when necessary for the regular exercise of rights, the protection of life or physical integrity, fraud prevention, the security of the PLATFORM or the investigation of unlawful conduct.
3.3.2. Should indications of fraud, ideological forgery, use of false identity or documents, misuse of the Services or other unlawful activity be found, the relevant information, including name, contact data, access records and other available elements, may be preserved and provided to the competent authorities or used in administrative, arbitral or judicial proceedings, subject to the legal requirements and limits.
3.3.3. In this regard, and without prejudice to other measures, SEMEIA LAB may, in accordance with their respective competences, warn, restrict, suspend or cancel, temporarily or permanently, the REGISTRATION, access or certain functionalities of a USER, as well as remove or restrict CONTRIBUTIONS, at any time, when necessary and proportionate, without prejudice to the applicable legal actions, if: a) the USER fails to comply with any provision of this Terms and other SEMEIA LAB policies or rules of use and security applicable to the PLATFORM; b) if the USER breaches the USER’s duties as USER; c) if the USER commits fraudulent or wilful acts; d) if the identity of the USER cannot be verified or any information provided by the USER is incorrect; e) publishes an unlawful CONTRIBUTION or one that violates third-party rights; f) compromises the security, stability or operation of the PLATFORM; or g) uses the PLATFORM to harass, threaten, discriminate against or harm other USERS. Without prejudice to the above, if it is verified that the USER has used the TUCA Platform for SPAM, automated or unsolicited sending of mass messages, fraud, phishing, dissemination of malicious code or other abusive conduct, the USER may have the USER’s CONTRIBUTIONS deleted and the USER’s REGISTRATION suspended or cancelled, without prejudice to the obligation to indemnify damages proven to have been caused to SEMEIA LAB, to other USERS or to third parties. The application of these measures will observe, where applicable and without compromising security, the prevention of unlawful acts or the effectiveness of the measure, notice to the USER and the possibility of presenting explanations.
3.4. The USER declares to be aware that the USER may only have a single REGISTRATION under the USER’s ownership, SEMEIA LAB not accepting, except where technically necessary or expressly authorized, new LOGINS under the ownership of the same USER to circumvent free limits, restrictions or suspension, nor assignment or transfer of the account or of the PASS. The identification of duplication may consider e-mail, technical identifiers and other strictly necessary data, subject to the principles of necessity, adequacy and minimization. The PASS allows access on up to 2 (two) devices of the USER, subject to the security controls communicated.
3.4.1. The purchase of more than one PASS or add-on by the same account, when permitted by the offer, will not be considered multiple registration, nor will it imply automatic extension of the validity of a previous PASS. Should the USER change e-mail address or need to update information in the USER’s REGISTRATION, the USER must update the USER’s data or request correction through the channels made available, subject to reasonable identity verification when necessary. The conditions for changing the devices linked to the account must be stated on the PLATFORM and may not unjustifiably prevent access that was regularly purchased.
3.5. SEMEIA LAB’s Services are available exclusively to persons who are at least 18 (eighteen) years old and have the legal capacity to contract and use them. REGISTRATION or autonomous use of the account by children or adolescents will not be permitted, even with the authorization of a guardian. The adult USER may consult general information to organize a trip with the USER’s family, remaining responsible for the supervision of and decisions concerning the minors accompanying the USER, without entering identifiable data about them when unnecessary for the request.
3.5.1. If SEMEIA LAB identifies the account of a person under 18 (eighteen) years of age, it may restrict access and request proportionate clarifications to verify the age requirement, adopting the appropriate closure and data protection measures, with observance of the best interests of the child or adolescent and of the applicable legislation. The existence of an age restriction does not remove the duties of protection if minors’ data are incidentally processed. Persons who are suspended or disqualified are warned that they may not create a new account to circumvent the measure, without prejudice to the civil consequences provided for in these Terms.
3.6. The name, description or other identifier that the USER provides on the WEBSITE and on the TUCA PLATFORM may not cause undue confusion with the name, trademarks or official identifiers of SEMEIA LAB or of third parties. Identifiers that are offensive, discriminatory, misleading, fraudulent or that violate third-party rights, or that contain data whose use is unnecessary or unauthorized, may be refused or corrected. The registration and the FEEDBACK tools may not be used to impersonate SEMEIA LAB representatives, simulate official assistance or mislead third parties.
3.6.1. SEMEIA LAB reserves the right to refuse a registration request and to cancel a previously accepted REGISTRATION, provided it is in disagreement with the policies and rules of the present Terms, with the applicable legislation or with the legitimate rules of use and security of the PLATFORM. The measure will observe necessity, proportionality, information and the possibility of explanation where applicable, without unlawful discrimination or restriction on the regular exercise of rights.
3.7. The USER’s account is closed 30 (thirty) days after the expiry of the last PASS or, for free access without a purchase, 30 (thirty) days after the last message, with deletion of the data in accordance with Section 6, SEMEIA LAB being exempt from any liability or reimbursement by virtue of this cancellation of REGISTRATION. The USER may create a new account at any time. Closure of the account does not prevent the retention of records necessary for compliance with a legal or regulatory obligation, such as purchase records, or for the regular exercise of rights or for the other purposes authorized by legislation.
3.8. When the USER uses the TUCA PLATFORM, the USER acknowledges that free access is limited and that access to paid products is subject to the remuneration corresponding to the PASS or add-on chosen. There is no monthly fee or automatic subscription in the model provided for in these Terms. The USER expressly acknowledges and agrees to the prices, content, term, limits, currency and form of payment communicated before contracting. The purchase of one product does not oblige the contracting of another, and paid add-ons require specific acceptance of the corresponding price and conditions.
3.9. The USER will be responsible for the use of the services provided under the present Terms, observing all applicable national, state and municipal laws, decrees and regulations in force, the Security and Privacy Standards and the Policies published and disclosed by SEMEIA LAB, as well as the legitimate rules of use and security established by SEMEIA LAB. The USER must use the Services in a lawful and ethical manner and compatibly with the fundamental rights, privacy, protection of personal data, intellectual property, honor, image and other rights of other USERS and of third parties.
3.10. SEMEIA LAB will not be held liable for errors, interruptions, malfunctions, delays or other imperfections that may arise in the Services due to technical limitations inherent to the internet and to information technology systems, maintenance, updates, incompatibilities of the USER’s equipment, third-party failures, fortuitous event (caso fortuito) or force majeure, not guaranteeing the provision of the Services in an absolutely uninterrupted or error-free manner. This limitation will not cover damages directly caused by wilful misconduct, gross negligence, non-compliance with a legal obligation or a failure attributable to SEMEIA LAB, nor will it remove rights that cannot validly be excluded by the applicable legislation.
3.11. The USER will be fully responsible for ensuring that the configuration of the USER’s equipment is in full compliance with the minimum security requirements, such as always up-to-date antivirus software, necessary for enjoyment of the services offered by the TUCA Platform, and must also keep the USER’s operating system, browser and applications up to date, use trusted networks, block unauthorized access to the device and exercise caution in the face of suspicious messages, links or requests. SEMEIA LAB will be exempt from liability for damages resulting from the USER’s non-observance of these measures, except where there is proven contribution of a security failure attributable to SEMEIA LAB itself.
CLAUSE 4 – REMUNERATION DUE FOR USE OF THE PLATFORM
4.1. By reason of the paid use of the PLATFORM, the USER personally will pay SEMEIA LAB the price of the PASS or add-on contracted, by means of a single advance payment, according to the offer and the contracting page. Payment will be processed by the third-party payment provider, a partner of SEMEIA LAB, by the means actually made available at checkout. SEMEIA LAB does not receive or store the full card number or its security code. The contracting will be confirmed electronically after payment approval, stating the product, price, currency, term and access instructions.
4.1.1. The reference tiers will be stated on the specific page, including upgrade or add-on, with the scope stated before purchase. These amounts reflect the commercial material used and may be changed for future contracting, the price presented and accepted at checkout prevailing.
4.1.2. Paid access will only be released after confirmation of payment. In the event of refusal, failure or pending status, the USER may choose another means made available, without the mere attempt to purchase giving rise to a monthly fee, late-payment penalty or renewal. Any debt actually incurred will be dealt with in accordance with the legislation and the proven contracting, with notice to the USER. Disputes about charges, fraud or reversal may be examined by SEMEIA LAB and by the payment processor, with observance of consumer rights and security duties.
4.1.3. Each PASS grants personal access for 90 (ninety) consecutive days from purchase, on up to 2 (two) devices of the USER. The count does not begin on arrival in the indicated city or on first use, nor is it suspended by non-use. The end date must be stated in the contracting confirmation or in the account. The PASS does not renew automatically and there is no recurring charge at the end of the term. The validity and effects of any upgrade, including whether it follows the remaining term of the PASS or begins a new period, will be expressly defined in the offer before purchase, without tacit extension or reduction.
4.1.4. Any suspension on well-founded suspicion of fraud, use of an unauthorized means of payment or chargeback will observe necessity, proportionality, notice where applicable and opportunity for explanation. The filing of a complaint, refund request or good-faith dispute of a charge will not, by itself, be grounds for punishment. Once cancellation or full refund of the purchase is confirmed, the corresponding access may be ended, without prejudice to the rights to consult receipts, data protection and assistance. If the charge is regularized or the suspicion dispelled, the access due will be reinstated and any loss of period caused by unjustified blocking will be addressed.
4.1.5. There will be no automatic price adjustment of a PASS already paid for during its 90 (ninety) days of validity. New prices, conditions or promotions may be applied to future purchases, without retroactive change to the content or price contracted. A new purchase depends on the express declaration of the USER. The contracting of optional services, extra content or third-party products will have its own price and conditions, which will be presented clearly before any acceptance and will be considered included in the PASS.
4.2. The total price, the billing currency and the mandatory taxes or charges collected by SEMEIA LAB will be stated before completion of the purchase, subject to the exchange and price-presentation rules applicable to the market served. If payment involves currency conversion, card issuer fees or other financial institution charges, these amounts will depend on the conditions of the responsible provider and must be checked by the USER. SEMEIA LAB will not unilaterally add new taxes, fees or exchange differences to a PASS already paid for. Tax changes may be reflected in future offers, with transparency and consumer rights respected.
4.3. The USER may exercise the right of withdrawal (direito de arrependimento, the statutory consumer right of withdrawal under Brazilian law) provided for in Art. 49 of the Código de Defesa do Consumidor (CDC, the Brazilian Consumer Protection Code) within 7 (seven) days, counted as provided by law, without need for justification and without penalty, with refund of the amounts paid. The request may be made through the same tool used for contracting or through the service channels indicated on the WEBSITE, without prejudice to other legally permitted means.
4.3.1. Where the contracting is subject to the mandatory consumer protection rules of the European Union, the period of 14 (fourteen) days for withdrawal will be respected, counted from conclusion of the contract as provided by the applicable legislation, as well as any legal extensions. Any legal exception will depend on the correct classification of the service and on compliance with its own requirements, including specific declarations and confirmation on a durable medium where required; general acceptance of these Terms does not replace them. In the absence of a valid specific procedure, the applicable right of withdrawal will be preserved.
4.3.2. Once the request is received, SEMEIA LAB will confirm its receipt and inform the next steps. In a withdrawal (arrependimento) governed by the CDC, it will arrange the refund as provided by law and will notify the payment processor to carry out the reversal. Where European legislation applies, the refund will be made within the maximum legal period of 14 (fourteen) days from notification of the withdrawal. The original means of payment will be used. The time for the credit to appear may depend on the card issuer.
4.3.3. Access to the PASS is released immediately after confirmation of payment. Use of the PASS during the period of arrependimento does not exclude or limit the direito de arrependimento provided for in Clause 4.3 and, where applicable, in Clause 4.3.1, and the USER will not need to make any additional declaration to exercise it. Once the direito de arrependimento has been exercised, the amounts paid will be refunded in full, in the manner provided in Clause 4.3.2, and access to the PASS will end upon confirmation of the reversal, without prejudice to the rights of consultation of receipts, data protection and service.
4.4. After the end of the applicable withdrawal period, mere non-use, change of plans or voluntary interruption of the trip does not give rise to a refund of the PASS regularly made available, save for legal rights. Should SEMEIA LAB definitively cease to provide a relevant part of the PASS, the corresponding rights of performance, termination and refund will be respected, in addition to other legal consequences. Requests will be received through the channel indicated in Clause 12.10, with handling within a period compatible with the applicable legislation.
CLAUSE 5 – MODIFICATIONS TO THE PRESENT TERMS
5.1. SEMEIA LAB may amend, at any time, the conditions of the present Terms, with a view to their improvement, to the improvement or updating of the Services, to the inclusion of new functionalities, to adaptation to technological, operational, commercial or legal changes and to the protection of the PLATFORM and its USERS. The new conditions will be published on the WEBSITE or on the PLATFORM and, when they involve a relevant change to the rights or obligations of USERS, will be communicated by e-mail, notification on the PLATFORM or another available electronic channel, with reasonable advance notice before they take effect, except for urgent changes required by law, an order of a competent authority, security or fraud prevention.
5.2. A USER who does not agree with the modifications may, before they take effect, communicate the USER’s disagreement and request cancellation of the REGISTRATION, subject to pending obligations and the applicable rights of refund or termination. SEMEIA LAB will keep the current version available and will state the date of the update. Continued use will be treated as sufficient acceptance. Material changes that depend on specific agreement will be submitted for new acceptance. Detrimental changes will not be applied retroactively to a PASS in progress, and any impossibility of maintaining the service will ensure the applicable legal remedies.
CLAUSE 6 – PROHIBITED PRODUCTS AND PRACTICES
6.1. The tools available on the TUCA PLATFORM may be used to send questions to the AI, consult travel information and content, access the guide and record FEEDBACKS, including positive or negative ratings and comments on the experience. They do not constitute tools for advertisements, a marketplace, negotiation or communication between USERS. CONTRIBUTIONS, instructions, information, images, files, messages, links or other content entered or requested for an unlawful or abusive purpose are expressly prohibited which:
(i) expose intimate organs or body parts of persons or animals, except in a legitimate, scientific, medical, educational or informative context and provided that the applicable legal rights, authorizations and restrictions are observed, especially the protection of children and adolescents, the use of the PLATFORM being restricted to persons over 18 years of age;
(ii) promote, offer, market or teach how to manufacture firearms, ammunition, cartridges, silencers, explosives, flamethrowers, lethal gases, incendiary substances or other devices of prohibited or controlled use, except for legitimate publications authorized by legislation;
(iii) promote, market, facilitate access to or advocate the unlawful use of narcotics, drugs or controlled substances;
(iv) offer medicines, substances, treatments, procedures or health or aesthetic products in disagreement with the requirements of prescription, registration, authorization, advertising or marketing provided for in legislation;
(v) promote sales, advertising, offers or commercial activities in a manner that is deceptive, fraudulent, abusive, not authorized by SEMEIA LAB or incompatible with the informational purpose of the PLATFORM;
(vi) involve stolen, misappropriated, counterfeit or adulterated goods, goods that are the object of smuggling or customs evasion (descaminho), or that come from any other unlawful activity;
(vii) promote tobacco-derived products, electronic smoking devices or other substances whose advertising, marketing or offering is prohibited or restricted by legislation;
(viii) promote the irregular sale or making available of animals, products of animal origin or activities involving mistreatment, cruelty or violation of environmental and animal protection rules;
(ix) offer fireworks, explosive, flammable or hazardous substances in disagreement with the applicable legislation and authorizations;
(x) involve sexual exploitation, prostitution in disagreement with the legislation, sexual abuse or exploitation of children or adolescents, non-consensual nudity, revenge pornography, unlawful pornographic material or any sexual content involving a minor, an incapable person or a person without consent;
(xi) promote violence, terrorism, self-harm, the commission of crimes, hate speech or discrimination based on race, color, ethnicity, origin, nationality, religion, sex, gender identity or expression, sexual orientation, age, disability or any other protected condition;
(xii) violate intellectual property rights, copyrights, trademarks, patents, industrial designs, trade secrets, image rights, personality rights or any other third-party rights, including copies, reproductions, images or texts used without the necessary authorization or legal basis;
(xiii) promote lotteries, raffles, bets, games of chance, pyramid schemes or schemes of progressive recruitment of participants or customers in disagreement with the legislation;
(xiv) promote the marketing or improper use of insecticides, pesticides, rodenticides, poisons, toxic substances or products subject to control or special authorization;
(xv) contain viruses, malicious code, mechanisms for clandestine data collection, corrupted files, phishing attempts, links intended for fraud or resources capable of compromising the security, integrity or operation of the PLATFORM or of third parties’ equipment; or
(xvi) contain any other products, services, information, conduct or content prohibited by legislation, by these Terms or by the legitimate rules of use and security previously made available by SEMEIA LAB.
6.1.1. In this regard, it is the USER’s responsibility to ensure the legality, truthfulness, legitimacy and adequacy of the CONTRIBUTIONS, information, documents and requests that the USER enters on the PLATFORM, as well as to obtain the rights, authorizations and legal bases necessary for submission. SEMEIA LAB does not assume authorship of the questions and FEEDBACKS sent by the USER, but remains responsible for its own service provision and for the answers made available within the legal limits. It may refuse requests, restrict or delete content and warn, suspend or cancel access that violates these Terms or the legislation. Legitimate questions about risks, prevention, health, legislation or safety will not be considered unlawful merely because they mention drugs, violence or other sensitive topics, provided they do not seek to facilitate unlawful practices.
6.1.2. The existence of mechanisms for FEEDBACK, reporting and abuse analysis does not imply prior human review of all questions and answers. After receiving a substantiated report or becoming aware of content that is potentially unlawful, unsafe or incompatible with these Terms, SEMEIA LAB may carry out an analysis and adopt the appropriate measures, including correcting guidance, restricting content generation, preserving evidence, suspending access or cancelling the REGISTRATION, according to the seriousness and the legislation. A negative rating or good-faith criticism does not constitute abuse, will not be removed merely because it is unfavorable and may be analyzed to identify failures.
6.2. USERS may also not, among other conduct provided for in the present Terms:
a) manipulate, tamper with, falsify or present in a misleading manner information, documents, identities, authorship, ratings, comments or CONTRIBUTIONS, including fabricating FEEDBACKS or simulating third parties’ experiences;
b) access third parties’ accounts, sessions, histories, guides or content without authorization, interfere with the operation of the chat or use information obtained on the PLATFORM for stalking, harassment, fraud or any purpose incompatible with the Services;
c) use the chat, comments, rating fields or any other channel for SPAM, unauthorized advertising, abusive solicitation, automated sending, unauthorized mass testing or communication incompatible with the purpose of travel information and experience rating;
d) disclose or enter personal data, sensitive personal data, confidential information or contact data of third parties without a legal basis or legitimate purpose, nor request the AI to obtain, infer or expose private information of other persons;
e) advertise, request, make available or induce the generation of products, services or content prohibited by SEMEIA LAB’s policies or by legislation, deliberately circumventing security mechanisms;
f) assault, slander (calúnia), insult (injúria) or defame (difamação) other USERS, as well as threaten, embarrass, stalk, harass, discriminate against, expose or violate the honor, image, privacy and other rights of any person; and
g) exploit the PLATFORM through resale of access, sharing of the account with third parties, mass extraction of content, creation of accounts to overcome free limits, unauthorized automation, attempts to access internal instructions or trade secrets or manipulation of commands to disable safeguards. Regular personal use will not be considered abusive merely because it is frequent, and additional quantitative limits will be clearly stated in the offer.
6.2.1. These behaviors may be sanctioned with a warning, restriction of functionalities, suspension or deletion of an unlawful or abusive CONTRIBUTION, rating or comment, or suspension or cancellation of the REGISTRATION, without prejudice to judicial or extrajudicial measures arising from unlawful acts or from the damages caused to SEMEIA LAB, to other USERS or to third parties. Where applicable, the USER will be informed of the measure adopted and may present explanations through the available channels, except in situations where the communication might compromise an investigation, security, fraud prevention or an order of a competent authority. Good-faith criticism and negative ratings will not be considered an infringement by reason of their unfavorable content.
6.3. Should SEMEIA LAB verify or receive concrete elements indicating that a USER is violating a specific condition of the present Terms, a third-party right or a legal rule, it may preserve the necessary elements, restrict the content or access, cancel the REGISTRATION and adopt the other protective measures provided for in these Terms. The data of the offending USER will only be forwarded to the competent authorities when there is a court order, valid request, legal obligation, emergency situation provided for by law or another circumstance that authorizes disclosure, in observance of the LGPD (Lei Geral de Proteção de Dados, the Brazilian General Data Protection Law), the Marco Civil da Internet (the Brazilian Internet legal framework) and the requirements of necessity, proportionality, confidentiality and security.
CLAUSE 7 – INFORMATION PRIVACY
7.1. The PLATFORM may use cookies and similar technologies stored in the USER’s browser, computer, mobile phone or other device to enable the USER’s identification and authentication, keep the session active, preserve preferences, prevent fraud, measure performance and usage and improve the quality and relevance of the information and functionalities offered. Strictly necessary cookies may be used to enable the operation and security of the PLATFORM. Cookies or technologies intended for additional purposes will be used in accordance with the applicable legislation and with the choices made available to the USER. Should the USER not wish to receive non-essential cookies or wish to be informed in advance of their use, the USER may configure the USER’s preferences in the mechanism made available by SEMEIA LAB or in the USER’s browser. Disabling strictly necessary cookies may prevent or impair the operation of certain functionalities of the PLATFORM.
7.2. In addition to the personal information provided, the PLATFORM may automatically collect technical information and records related to access to and use of the Services, such as internet protocol address, date and time of access, device and session identifiers, operating system, type and version of browser or application, language, pages or screens accessed, functionalities used, security events, failure records, address of referring websites and other data necessary for the operation, security, fraud prevention and improvement of the PLATFORM. The collection will observe the principles of purpose, adequacy, necessity, transparency, security and prevention. Internet application access records will be kept confidential, in a controlled and secure environment, for the applicable legal period, including, where it applies, the period of 6 (six) months provided for in the Marco Civil da Internet, without prejudice to retention for a longer period by court order or in the other circumstances authorized by legislation.
7.3. SEMEIA LAB will not share personal information in a manner incompatible with the purposes stated or without an adequate legal basis. Data may be shared, as necessary, with: (i) AI, hosting, infrastructure, support, communication, authentication, security and statistics suppliers; (ii) payment processors, for billing and fraud prevention; (iii) partners or companies legitimately involved in the operation, within the limits of the purposes stated; (iv) authorities and legitimated third parties, by legal obligation, court order or valid request; and (v) parties involved in corporate reorganization, merger, acquisition, investment or transfer of assets, subject to adequate safeguards. SEMEIA LAB will identify the specific suppliers, with functions and location detailed in the Privacy Policy. Each supplier will receive only the data relevant to its activity. International transfers will observe the mechanisms required by the LGPD, by the regulations of the ANPD (Autoridade Nacional de Proteção de Dados, the Brazilian national data protection authority) and, where applicable, by foreign data protection rules, with adequate technical, organizational and contractual measures.
7.4. SEMEIA LAB will retain information only for the period necessary for the purposes stated, the performance of the Services, compliance with legal or regulatory obligations, security, fraud prevention and the regular exercise of rights. Once the purposes and periods have ended, the data will be deleted, anonymized or retained only in the circumstances authorized by legislation. The retention of questions, answers and FEEDBACKS will be limited to what is necessary and is not to be confused with the legal retention of access records. The validity period of the PASS does not, by itself, constitute a retention period for all categories of data. The specific periods or criteria for chat, logs, authentication, payments, support and waiting list will be stated in the Privacy Policy, considering the nature of the data, the duration of the relationship, the retention obligations and the concrete need to preserve evidence.
7.5. SEMEIA LAB may examine information and records in a proportionate and limited manner, directly or through automated security mechanisms, for the purpose of detecting multiple identities, suspicious access, intrusions, fraud, SPAM, malicious code, violations of these Terms and risks to the PLATFORM or its USERS. This processing will be carried out on the basis of the purpose of security, fraud prevention, protection of rights and compliance with the applicable legal and contractual obligations, without prejudice to the rights of data subjects.
7.5.1. If SEMEIA LAB is required by law, court order or valid request to disclose the USER’s personal information or records, it will cooperate with the competent authorities within the limits of the obligation received. The making available of records, personal data and content of private communications will observe the requirements of the Marco Civil da Internet, the LGPD and the applicable procedural legislation, including as to the need for a specific court order where legally required. Acceptance of these Terms does not constitute generic or unrestricted authorization for the disclosure of personal data.
7.6. The information provided by the USER and recorded as a result of use of the system may be processed for: (i) creating, authenticating and administering the account; (ii) processing purchase, confirmation, validity and access to the PASS; (iii) receiving questions and generating AI answers; (iv) making the web guide available; (v) recording and analyzing ratings and comments about the experience; (vi) providing support and sending operational communications; (vii) maintaining security and preventing fraud; (viii) complying with legal and regulatory obligations; (ix) regularly exercising rights; and (x) producing metrics and statistics and improving the Services, according to the purposes stated and the need of each activity. The processing may be based on performance of a contract, legal obligation, regular exercise of rights, protection of life, legitimate interest, fraud prevention, consent or another applicable legal basis, subject to the specific conditions of each case. Acceptance of these Terms does not replace specific consent where required. Where consent is used, the USER may revoke it through the means made available, without prejudice to the lawfulness of prior processing.
7.7. Additional information collected by SEMEIA LAB through analysis of the use of the PLATFORM may be aggregated or anonymized to produce statistics, measure engagement, evaluate performance, generate reports and improve the Services. Data that are effectively anonymized, that cannot reasonably be associated with a natural person by their own means or reasonable efforts, may be used in accordance with the applicable legislation.
7.7.1. Personal information may also be used to: (i) administer and personalize the USER’s account and experience; (ii) recommend relevant functionalities or content; (iii) provide information and support; and (iv) communicate news and updates related to the PLATFORM. Advertising or promotional communications will be carried out in accordance with the legislation and will allow opting out of receiving them, where applicable. Refusal of promotional communications will not prevent the sending of messages necessary for security, the operation of the account or the performance of the Services.
7.7.2. FEEDBACKS may be associated with the answer rated, with the account and with technical information necessary for assessing the experience and correcting failures, in accordance with the Privacy Policy, with access restricted to authorized persons and suppliers. SEMEIA LAB may use aggregated or effectively anonymized results to evaluate the quality of the product. Sending a comment does not authorize the public reproduction of a name, identifiable report or conversation as advertising. Should such use be proposed, a specific and separate procedure will be observed. The possible future creation of a public comments area will depend on prior information about visibility and its own rules, and retroactive publication of private FEEDBACKS is not authorized.
7.7.3. SEMEIA LAB emphasizes that the content of conversations will not be used for training the supplier’s AI models. The analysis of FEEDBACK for correcting failures, improving the knowledge base and evaluating quality is distinct from model training and will observe purpose, minimization and transparency. The USER must avoid entering in the chat passwords, full card data, documents, sensitive data and unnecessary third-party information; incidental submission does not remove the legal obligations of protection and security.
7.8. A USER who does not agree with the present Terms and proceeds with cancelling the USER’s REGISTRATION may request deletion of the USER’s personal data, subject to the retention cases authorized by the LGPD. Cancellation will not have retroactive effects on processing carried out lawfully, nor will it prevent the retention of data and records necessary for compliance with a legal or regulatory obligation, the regular exercise of rights, security, fraud prevention, protection of third parties or the other cases provided for by law.
7.8.1. The data subject may exercise, as applicable, the rights of confirmation of the existence of processing, access, correction of incomplete, inaccurate or outdated data, anonymization, blocking or deletion of unnecessary or excessive data or data processed in non-compliance, portability, information about sharing, revocation of consent, objection and review of decisions made solely on the basis of automated processing, within the limits and conditions of the legislation. Before complying with the request, reasonable information may be requested to confirm identity and prevent fraud.
7.8.2. To cancel the USER’s REGISTRATION on the PLATFORM, the USER may use the deletion functionality available in the account, when enabled, or submit a request through the channels indicated on the PLATFORM or in the Privacy Policy. Cancellation may result in loss of access to the history, web guide and other data linked to the account, subject to the legally guaranteed rights of access, obtaining a copy and retention. The USER will be informed of the relevant effects before confirmation, when technically feasible. A request to delete the account does not prevent the making of a refund request, and the financial effects will observe Clause 4 and the legislation.
7.8.3. SEMEIA LAB will receive and forward internally the requests of data subjects according to its responsibilities. Where the request concerns an activity of an independent controller, SEMEIA LAB will inform the relevant channel and will provide the cooperation that falls to it. Responses will observe the periods and requirements of the applicable legislation, including the rights provided for in the LGPD and, where applicable, in the GDPR. The exercise of rights will not depend on a positive rating or on contracting a new PASS.
7.9. The use of any device, software or other resource that interferes with the activities and operations of the PLATFORM’s services, as well as with accounts or their databases, is not permitted. Any intrusion, attempted unauthorized access, exploitation of vulnerabilities, undue reverse engineering, automated data extraction, interception of communications, circumvention of security controls or other activity that violates or contravenes the laws on intellectual property rights, data protection, information security and/or the prohibitions stipulated in this Terms will make the person responsible liable to the relevant legal actions and the sanctions provided for herein, and also responsible for indemnification for any damages caused.
7.9.1. SEMEIA LAB will adopt technical and administrative measures capable of protecting personal data against unauthorized access and accidental or unlawful situations of destruction, loss, alteration, communication or dissemination. In the event of a security incident that may entail risk or relevant damage to data subjects, the measures provided for in the LGPD and in the regulations of the ANPD will be adopted, including notice to the authority and to data subjects when required.
7.10. In case of questions about the protection of personal data or to obtain further information about processing activities, sharing, international transfers, retention periods, the rights of data subjects and the legal cases of disclosure of information, the USER may consult the Privacy Policy or use the contact channel indicated therein, including the e-mail address intended for data protection matters.
7.11. The PLATFORM is not intended for registration or autonomous use by persons under 18 (eighteen) years of age. The USER must not enter data of children and adolescents in the chat or in comments. If such data are incidentally processed, SEMEIA LAB will observe the best interests of the minor and the safeguards of the relevant legislation, including Art. 14 of the LGPD, limiting collection, access and retention. Where consent is necessary for the processing of a child’s data, it must be specific and prominent and obtained from at least one of the parents or the legal guardian, with reasonable verification efforts. This protection does not authorize the creation of an account by a minor.
CLAUSE 8 – OBLIGATIONS OF USERS AND LIABILITIES
8.1. Upon REGISTRATION, the USER is permitted to browse the PLATFORM and access the chat, the AI answers, the personal guide and the FEEDBACK tools compatible with the USER’s free tier or PASS. The content available may vary according to the product, the access period, the language, the location provided, the device and updates to the PLATFORM. Material limitations of compatibility, functionality and content will be be communicated before purchase. The possibility of installing the web app on the home screen does not make all functions available offline.
8.2. Should the USER choose to send a question or instruction, the PLATFORM will process it with its technology suppliers to produce an AI answer. Should the USER record a “thumbs up”, “thumbs down” or comment, the action will be received by SEMEIA LAB for evaluation of the experience, support or improvement of the Services. SEMEIA LAB will carry out the technical integration of these functionalities without establishing conversation between USERS. Responsibility for content sent by the USER will not be confused with SEMEIA LAB’s responsibility for the provision of the Services and for the answers it makes available, within the legal limits.
8.3. When using an answer to plan travel, visit a place, hire a guide, purchase a ticket or make another travel decision, the USER must verify the conditions of payment, use, cancellation, validity, availability, opening hours, accessibility, safety and suitability of the service or activity. The USER must consider the USER’s personal context, local conditions and current information from authorities and providers. Prices, opening hours, programming of blocos and events, access rules, weather conditions and traffic routes may change after the knowledge base is updated or the answer is generated. SEMEIA LAB will exercise diligence compatible with its service provision and will receive error reports through the channels made available.
8.3.1. Relevant information may be presented in the PLATFORM interface or through links to external sources. Although the local knowledge base is subject to verification, AI answers carry no guarantee of absolute accuracy, currency or completeness and may contain inaccurate information, omissions, incorrect references or translation failures. The USER must confirm essential information with official sources or with the responsible provider. Upon receiving a substantiated report of an error or risk, SEMEIA LAB may review the content, correct the base and adopt appropriate measures, without this removing the legal rights related to the quality of the Services.
8.4. SEMEIA LAB provides digital content and informational tools and is not, merely by mentioning an establishment, guide, tour or event, its owner or operator. An informational indication or the existence of an external link does not mean that the USER is contracting that third party with SEMEIA LAB. Where the contracting occurs directly outside the PLATFORM, the conditions must be arranged by the USER directly with the identified provider, including as to availability, price, performance and cancellation, at the USER’s own account and risk. Therefore, SEMEIA LAB does not offer third-party products as part of its own offer.
8.4.1. SEMEIA LAB does not grant its own contractual guarantee of performance of third-party services merely referred to as information, nor does it assume obligations exclusive to those providers. Sponsored or paid recommendations, if any, will be identified clearly alongside the content, including in the chat, without being presented as independent editorial recommendation.
8.5. The USER acknowledges that guidance on safety, health, travel, documentation, climate or legislation is of a general and informational nature. SEMEIA LAB is not a public authority, emergency call center, surveillance service, medical assistance, individualized legal advice or a guarantee of personal protection. There is no physical accompaniment of the USER nor monitoring of the USER’s situation in real time. A recommendation of a route, neighborhood, time or establishment does not ensure the absence of crime, accident or other risk. In the face of immediate risk, the USER must seek the authorities or official services appropriate to the USER’s location, without waiting for a response from the chat or from a comment.
8.6. SEMEIA LAB does not guarantee specific travel results, absence of risks or satisfaction with products contracted exclusively from third parties. Therefore, SEMEIA LAB is not responsible for loss of opportunity, indirect damages or loss of profits (lucros cessantes).
8.7. As it is SEMEIA LAB’s concern to provide a safe and functional environment for interaction with the AI, SEMEIA LAB will make available means for rating, commenting, reporting errors and reporting abuse, in addition to the support channels indicated on the PLATFORM. It may analyze reports, security events and specific CONTRIBUTIONS and, according to the seriousness, urgency and the legislation, warn the USER, restrict content or functionalities, correct information, suspend access or cancel the REGISTRATION. Moderation measures may not be used to prevent a legitimate complaint or to make the resolution of a problem conditional on the withdrawal of a negative rating. The distinction between automated response and human assistance will be communicated clearly.
8.8. SEMEIA LAB may remove content in compliance with a court order or an order of a competent authority and also in the cases in which the legislation, these Terms or the applicable duties of care authorize or require action after adequate notice. In cases of manifestly unlawful content, serious risks, crimes, fraud, violation of the rights of children or adolescents, non-consensual disclosure of intimate images, evident violation of intellectual property, threat to security or other cases recognized by legislation or by binding case law, immediate measures may be adopted, regardless of general prior monitoring.
8.8.1. Whenever compatible with security, the urgency of the measure, the protection of the persons affected and the determinations of a competent authority, the responsible USER will be informed of the restriction or deletion and may present explanations. SEMEIA LAB does not guarantee that all unlawful or incompatible CONTRIBUTIONS will be identified immediately, nor does it assume an obligation to review in advance all published content.
8.9. SEMEIA LAB’s fiscal, tax, labor, consumer-law and regulatory obligations relating to the sale and provision of its own Services remain its responsibility. Obligations under contracts entered into exclusively between the USER and external providers will be attributed to the respective contracting parties, without prejudice to the cases of SEMEIA LAB’s legal liability. No provision of these Terms will be interpreted as an automatic transfer to the USER of an obligation of licensing, information, regularization or compliance proper to the supplier or its partners.
8.10. The USER will be liable for damages proven to have been caused by the USER’s CONTRIBUTIONS, activities on the PLATFORM, non-compliance with these Terms or violation of legislation or third-party rights and, to the extent permitted by legislation, will indemnify SEMEIA LAB, its branches, subsidiaries, controlling companies, directors, employees, representatives and suppliers for the judgments, expenses and reasonable fees directly arising from such conduct. This obligation will not apply where the damage results from an act or omission of SEMEIA LAB itself, nor will it be interpreted as a transfer to the consumer of risks inherent to the supplier’s activity or as a restriction on the right of defense.
8.11. In the event of an interpellation or lawsuit related to facts attributable to the USER, SEMEIA LAB may exercise the applicable procedural rights, including requesting the USER’s intervention or bringing a recourse action (ação regressiva), subject to the cases and requirements provided for in the Código de Processo Civil (the Brazilian Code of Civil Procedure) in force.
8.12. SEMEIA LAB is not liable for damage, loss or harm to the USER’s equipment caused by failures of the system, the server or the internet resulting from the conduct of third parties, fortuitous event, force majeure or non-observance of the security measures by the USER. SEMEIA LAB will also not be responsible for viruses, malicious code or attacks that affect the USER’s equipment as a result of links, files or content made available by third parties, except where the damage results from a security failure directly attributable to SEMEIA LAB.
8.13. USERS may not demand from SEMEIA LAB indemnification for loss of profits or indirect damages resulting exclusively from technical difficulties, temporary unavailability, internet failures or events beyond SEMEIA LAB’s reasonable control. Occasionally, the system may be unavailable due to maintenance, updates, technical incidents, supplier failures, attacks, connectivity interruptions or other fortuitous events or force majeure. These limitations do not remove liability for wilful misconduct, gross negligence, non-compliance with a legal obligation, a security breach attributable to SEMEIA LAB or rights guaranteed by mandatory rules.
CLAUSE 9 – TERM AND DURATION
9.1. The present Terms enter into force on the date of their electronic acceptance and govern the account for as long as it is maintained and the obligations that must survive. Each paid PASS will have a fixed duration of 90 (ninety) consecutive days from purchase, without automatic renewal, in accordance with Clause 4. The USER may close the USER’s account at any time through the functionality available or by request to customer service, without stating a reason. Closure, termination and their financial effects will observe the conditions contracted and the legal rights of withdrawal, refund and redress. The duration of the account does not extend the validity of the PASS.
9.2. Once the term of the PASS has ended, access to the paid Services covered by the contracting will cease, except for an express new purchase or an extension recognized by SEMEIA LAB. The end does not give rise to a new charge, penalty or obligation to renew. The USER must obtain the files available during the validity of the PASS, with the legal rights of access to data and receipts preserved. Any debts and indemnities for unlawful use will not prevent the exercise of cancellation rights that cannot be made conditional on payment.
9.3. After closure of the account, the right of access to the PLATFORM will cease, and the data and CONTRIBUTIONS will be deleted, anonymized or retained in accordance with the Privacy Policy, the purposes stated and the legally applicable periods. Deletion is not to be confused with the end of the PASS and does not prevent the retention of receipts, mandatory records and elements necessary for the regular exercise of rights. Obligations of confidentiality, intellectual property and data protection will survive to the relevant extent.
9.4. SEMEIA LAB may terminate the present Terms, delete, suspend or restrict the REGISTRATION of a USER and withdraw the USER’s access to the PLATFORM or to certain functionalities, by notice where applicable, in the following cases:
(a) breach of any of its provisions, so as to prevent continued performance of the object thereof;
(b) if the USER in any way commits fraud, uses a false identity, makes threats, harasses, discriminates, unlawfully discloses information or engages in other conduct capable of causing relevant damage to SEMEIA LAB, the PLATFORM, other USERS or third parties;
(c) if the USER uses practices that disrespect the law, public order, morality, good customs or, further, the present Terms and the Privacy Policy, the security rules or the legitimate rules of use and security of the PLATFORM;
(d) if there is a court order or an order of a competent authority;
(e) if maintaining the account represents a concrete risk to the security, integrity or operation of the PLATFORM; or
(f) if the Services are definitively discontinued or their continuity becomes unfeasible for a relevant technical or legal reason, in which case the affected USERS will be informed and the legal rights of refund and other applicable remedies will be ensured, without unjustified loss of amounts relating to the service not provided.
9.4.1. Termination or suspension without prior notice will be permitted in urgent situations, in the event of fraud, risk of damage, compromise of security, serious infringement, legal obligation or when the notice might impair the effectiveness of the measure. Whenever applicable, the USER will subsequently be informed and may present explanations.
CLAUSE 10 – SCOPE OF THE SERVICES
10.1. This Terms of Use does not create a partnership, mandate (mandato), franchise or employment relationship between SEMEIA LAB and the USER. SEMEIA LAB makes available and operates the digital tourist information and AI tools described in these Terms, not acting as representative, mandatary, employer, partner or guarantor of the USER, being of a merely informational nature.
10.2. The authorization granted by the USER for the PLATFORM to process commands and questions, generate answers, store CONTRIBUTIONS, make the web guide available, record FEEDBACKS or trigger external sharing does not constitute a mandate nor authorize SEMEIA LAB to assume obligations or to contract tours, tickets, accommodation or other services on the USER’s behalf. The analysis of questions and comments for support and security does not constitute prior human review of all AI answers. None of these provisions excludes SEMEIA LAB’s legal liability for the Services it makes available.
CLAUSE 11 – INTELLECTUAL PROPERTY
11.1. The commercial use of the expression “TUCA”, its trademarks, business names, domain names, logos and other distinctive signs, as well as the contents of the screens, interfaces, visual resources, code, programs, functionalities, databases, networks, files, structures, systems and other elements that allow the USER to access and use the PLATFORM, are the property of SEMEIA LAB or of third parties who have granted it the respective licenses and are protected by the applicable laws and treaties on copyright, trademarks, patents, software, industrial designs, unfair competition and intellectual property. Improper use, reproduction, modification, distribution, exploitation, reverse engineering or making available, in whole or in part, of these elements are prohibited, except where expressly authorized by SEMEIA LAB or permitted by legislation.
11.2. SEMEIA LAB grants the USER, during the validity of the USER’s access tier, a limited, personal, non-exclusive, non-transferable and non-sublicensable license to use the PLATFORM, the chat, the answers and the guide, exclusively for consultation and personal travel planning. The occasional sharing of answers through a functionality offered by SEMEIA LAB is permitted for personal purposes, with respect for third-party rights and without disclosure of credentials. Resale, mass reproduction, full publication of the guide or commercial exploitation without authorization are prohibited. No intellectual property right is transferred by access, and the restriction of the license will observe the legal rights and the cases of termination of these Terms.
11.3. The USER remains the holder of the rights that the USER holds over the USER’s CONTRIBUTIONS. By sending them, the USER grants SEMEIA LAB a royalty-free, non-exclusive and territorially comprehensive license to host, store, technically reproduce, adapt to the necessary formats and process this content, exclusively to operate the PLATFORM, respond to the request, provide support and analyze FEEDBACKS for maintenance and improvement of the Services, within the limits of the Privacy Policy and the legislation. The license does not authorize public disclosure of the history, advertising exploitation of an identifiable testimonial or training of AI models with conversations. It will remain for the period necessary for the purposes and for the additional retention period legally authorized, without removing the rights of the holder.
11.4. To the extent necessary for the provision of the Services, SEMEIA LAB may allow its technology suppliers to carry out these operations, remaining responsible for requiring adequate contractual safeguards. The USER declares to hold the rights and authorizations necessary over the USER’s CONTRIBUTIONS and warrants that making them available does not violate third-party rights.
11.5. SEMEIA LAB may make available links to other sites, applications or services that are not owned or operated by it. In these cases, SEMEIA LAB will not be responsible for the content, policies, practices, security, availability, products or services offered by third parties. The presence of links does not imply recommendation, endorsement, partnership, supervision, complicity or joint liability (solidariedade) of SEMEIA LAB with these sites and their content.
11.6. The USER must review the terms of use and privacy policies of external services before accessing them or providing personal data. The exclusion of liability provided for in this sub-item does not apply when the integration or third-party service is directly contracted and presented by SEMEIA LAB as an inseparable part of the Services, within the limits of the applicable legislation.
CLAUSE 12 – GENERAL PROVISIONS AND THE FORO (jurisdiction)
12.1. The USER accepts that SEMEIA LAB and its authorized providers send operational and informational messages related to the Services, including authentication by link, purchase confirmation, PASS validity, security notices, account changes, responses to complaints and FEEDBACKS, updates to these Terms and relevant changes to the PLATFORM. These communications may be sent by e-mail, web app notification, message on the PLATFORM or another registered channel compatible with the purpose stated.
12.1.1. The sending of promotional communications, advertising, partner offers and news of a commercial nature will observe the applicable legislation, the USER’s preferences and the relevant legal basis. Should the USER no longer wish to receive promotional messages, the USER may request cancellation through the PLATFORM settings or the link in the message itself. Cancellation of promotional communications will not prevent the sending of messages strictly necessary for the performance of the Services, the security of the account or compliance with a legal obligation.
12.2. In order to maintain and meet the latest market and technological development requirements, SEMEIA LAB may change, update, expand, restrict, replace, suspend or discontinue, in form or content, certain functionalities, modules, utilities, integrations or applications made available by itself or by third parties, including by reason of technical, operational, security, legal or commercial matters.
12.2.1. Changes capable of substantially affecting the use of the PLATFORM or the functionalities contracted will be communicated in advance to the affected USERS, except for urgent measures necessary for security, fraud prevention, compliance with a legal obligation or preservation of the stability of the Services. SEMEIA LAB will respect the offer of the PASS already purchased. Where the change entails a substantial and definitive reduction of a contracted functionality or discontinuation, the rights of performance of the offer, termination, refund and other measures provided for in the legislation will be observed, as the case may be, without imposition of additional contracting to restore a service already paid for.
12.3. Tolerance by SEMEIA LAB or by the USER regarding non-compliance with any of the obligations hereby assumed will not be considered novation or waiver of any right, constituting mere liberality, which will not prevent the injured party from subsequently demanding faithful compliance with the conditions provided for in this Terms, at any time, subject to the legal periods and limits.
12.4. Should any provision of these Terms be considered invalid, unlawful or unenforceable, in whole or in part, the remaining provisions will remain valid and effective. The affected provision will be interpreted or replaced, to the extent legally possible, by another that most closely preserves its economic and legal purpose, without prejudice to rights guaranteed by mandatory rules.
12.5. The USER may not assign the USER’s REGISTRATION to third parties or other USERS. In turn, SEMEIA LAB may assign or transfer the Services, the contracts or the operation of the PLATFORM, in whole or in part, to partner companies, successors or members of its economic group, including as a result of corporate reorganization, merger, acquisition or transfer of assets, provided that the rights of USERS are preserved and the applicable safeguards for the protection of personal data are adopted.
12.6. Where the transfer entails a relevant change in the entity responsible for the Services or for the processing of personal data, the affected USERS will be informed in accordance with the applicable legislation. The successor must respect the PASSES and rights already acquired, as well as the purposes and safeguards applicable to the data. The transfer does not authorize publication of histories or FEEDBACKS nor use of data for a purpose incompatible with the one stated, and will not restrict the rights of objection, termination or deletion where legally applicable.
12.7. The USER declares and expressly agrees:
a) to be over 18 (eighteen) years of age and to have legal capacity to contract and use the Services, the creation of an account by a minor not being permitted;
b) in installing and keeping up to date security programs, operating system, browser, application, antivirus and other resources suitable for protecting the device used to access the Services of the TUCA PLATFORM;
c) not to use SEMEIA LAB’s services for any unlawful activities, content, communications or transactions;
d) in keeping confidential the ACCESS LINK, the tokens and sessions of the account, also protecting the registered e-mail and not providing such elements to third parties;
e) in immediately notifying SEMEIA LAB should the USER become aware of a security breach related to the Services or of unauthorized use of the USER’s account, e-mail, ACCESS LINK or session;
f) when purchasing a PASS or add-on or contracting external services on the USER’s own initiative, to be able to bear the amounts, costs and expenses expressly assumed, acknowledging the conditions of each contracting and the legal responsibilities of SEMEIA LAB and of the providers involved;
g) to acknowledge that the present Terms are formalized, binding the parties, upon electronic acceptance by the USER, which will be done by clicking the button or selecting the command intended for acceptance of the Terms of Use, this declaration having legal validity under the terms of the applicable legislation; and
h) that the USER has read and is aware of and in full agreement with all terms and conditions of the present Terms, for which reason the USER accepts them of free and spontaneous will, without prejudice to rights that cannot be the object of waiver.
12.7.1. Thus, in view of the clauses of the present Terms, the USER fully agrees with these provisions, undertaking to respect the conditions provided for herein while using the PLATFORM and during the period in which obligations related to the USER’s CONTRIBUTIONS or activities subsist. Acceptance does not prejudice the USER’s right to cancel the USER’s account, terminate the relationship or exercise rights guaranteed by legislation, by the Privacy Policy and by these Terms.
12.8. The USER undertakes to use the Services in a beneficial, safe, ethical and lawful manner, respecting the informational purpose of the PLATFORM, the rights of third parties and legitimate safety guidance. These Terms, the Privacy Policy and the offer of the PASS or add-on constitute the applicable instruments. Advertising and the conditions accepted before purchase form part of the contracting.
12.9. All items of this Terms of Use are governed by the laws in force in the Federative Republic of Brazil, especially as regards personal data protection, internet and consumption.
12.10. For matters concerning the interpretation and performance of these Terms, the Foro Central da Comarca da Capital do Estado do Rio de Janeiro (the competent court for the jurisdiction) is designated, with the consumer’s foro of domicile reserved, where applicable. The parties may seek a solution through SEMEIA LAB’s service channels, without the attempt constituting a condition for judicial measures. The electronic channel for support, cancellation and refund is the e-mail tuca@semeialab.com.br.