Terms of Use

These Terms of Use govern access to and use of the Upuai Cloud platform, operated by GMB TECNOLOGIA LTDA, registered under CNPJ (Brazilian corporate taxpayer ID) no. 68.727.144/0001-88, headquartered in Belo Horizonte/MG, Brazil (“Upuai”, “we”).

By accessing or using the Platform you enter into a contract with us. Please read these Terms in full before accessing, paying particular attention to sections 7 (Responsibility for your data), 8 (Availability), 13 (Limitation of liability) and 15 (Discontinuation), which limit rights and are highlighted throughout the text.

Language. This is a courtesy translation. The Portuguese version at upuai.com.br/termos is the binding version; in case of divergence, it prevails.

1. Definitions

Platform — the Upuai Cloud service, including the web dashboard, API, upuai CLI and the infrastructure that runs your applications.

Customer Content — everything you upload, create or run on the Platform: source code, container images, databases, files in buckets and volumes, environment variables, secrets and data processed by your applications.

Plan — the service tier you subscribe to (Estagiário/Free, Junior/Starter, Pleno/Pro, Senior/Business or Especialista/Enterprise), subject to the limits published on the pricing page.

Professional User — a legal entity, or an individual using the Platform as an input to their economic or professional activity. Consumer — an individual using the Platform as an end user, outside any economic activity.

2. Acceptance and changes

By accessing or using the Platform, you represent that you have read and accepted these Terms. No further action is required. On each access we record the date, the version then in force, the IP address and the user agent — that is how the text you were subject to, and when, is evidenced.

If you do not agree to these Terms, do not access or use the Platform.

We may amend these Terms. Material changes — affecting price, limitation of liability, availability, intellectual property or data processing — will be communicated by email and on the Platform 30 days before they take effect. Continued use of the Platform after they take effect constitutes acceptance of the new version. If you do not agree with it, you may close your account before it takes effect, with a pro-rata refund of the paid, unused period. Editorial corrections and clarifications that do not alter rights and obligations take effect upon publication.

The current version and version history are always available at /legal.

3. Description of the service

Upuai Cloud is a platform as a service (PaaS) offering:

• Applications — builds from your Git repository (GitHub or GitLab) or from a container image, and execution in managed containers, with scaling, custom domains and automatic TLS.
• Managed databases — PostgreSQL, MySQL, MongoDB and Redis, with an optional public endpoint.
• Storage — S3-compatible buckets and persistent volumes.
• Tooling — the upuai CLI, deploy on push, workers, scheduled jobs, logs and metrics.

Production infrastructure runs on our own dedicated servers, in a datacenter located in Belo Horizonte/MG, Brazil.

We may evolve, modify or discontinue specific features. Discontinuations that materially reduce the contracted service follow section 15.

4. Registration and account

To use the Platform you must create an account with truthful information and keep it up to date. You must have legal capacity to contract; if acting on behalf of a legal entity, you represent that you have authority to bind it.

Authentication is by a code sent to your email or by an external provider (GitHub, GitLab or Google). You are responsible for retaining control of that email and of any linked third-party accounts, and for all activity in your account and under the API tokens you issue. Notify us immediately of any unauthorized use at contato@upuai.com.br.

Workspace accounts may have multiple members with distinct roles. The workspace owner is responsible for the acts of the members they invite.

Each user — individual or legal entity — may maintain a single free-plan account. Creating or operating more than one free account, directly or through an intermediary, to run services or multiply resources offered at no cost is considered abuse of the Platform and may result in suspension and termination (ban) of all accounts involved, as set out in section 14 and in the Acceptable Use Policy.

5. Acceptable use

Use of the Platform is subject to our Acceptable Use Policy, which forms part of these Terms. In summary, you may not use the Platform for unlawful activity, malware distribution, phishing, spam, cryptocurrency mining without prior authorization, infringement of third-party rights, multiple free accounts held by the same person, intentional overloading of the infrastructure, or storage of unlawful content.

We may suspend specific resources, without prior notice, upon a violation that poses an imminent risk to the Platform, to third parties or to other customers.

6. Plans, payment, withdrawal and refunds

Billing. Paid plans are billed in Brazilian Reais (BRL), on a recurring monthly or annual basis, through our payment processor. The Estagiário (Free) plan is free of charge and subject to the published limits.

Right of withdrawal. If you are a Consumer, you may withdraw from the contract within 7 (seven) days of subscribing, with a full refund, under article 49 of the Brazilian Consumer Protection Code. Simply write to contato@upuai.com.br.

Cancellation. You may cancel at any time. Outside the withdrawal window above, cancellation takes effect at the end of the paid cycle, with no pro-rata refund of the remaining period, and the service remains available until then. Plan downgrades apply at the end of the current cycle; upgrades apply immediately, with pro-rata billing.

Non-payment. If payment fails, the subscription enters arrears and we send notice. After 2 (two) days without regularization we may scale your services to zero replicas, making applications unavailable. Data is preserved throughout the retention period in section 14. Regularization restores the service.

Price adjustments. Prices may be adjusted with 30 days’ prior notice, applying from the following cycle.

7. Responsibility for your data and backups

Backup retention by Plan. Automatic backup retention for managed databases varies by Plan:

Plan	Backup retention
Estagiário (Free)	None — no automatic backup
Junior (Starter)	1 day
Pleno (Pro)	3 days
Senior (Business)	7 days
Especialista (Enterprise)	15 days

Volumes and block storage. Certain block storage classes do not support device-level snapshots or backups. Where that applies to a resource you provisioned, this is shown in the dashboard, and responsibility for copying the data is entirely yours.

How to keep your own copies. The Platform provides the means, at no additional cost:

• Databases — pg_dump, mysqldump or mongodump via the service’s public endpoint, available under Connect in the dashboard.
• Buckets — any S3-compatible client pointed at s3.upuai.cloud, using the credentials shown in the dashboard.
• Source code — kept in your own Git repository; the Platform is not a version control system.
• Variables and secrets — exportable from the dashboard and the CLI (upuai var list).

Exclusions. We are not liable for loss, corruption or unavailability of Customer Content arising from: (a) misconfiguration by you or by members of your workspace; (b) deletion performed by you, including deletion of a service, environment, project or workspace; (c) failure, defect or behavior of your application, including database migrations, release commands and routines you run; (d) exhaustion of your Plan’s quotas; (e) suspension for non-payment or breach of the Acceptable Use Policy; (f) use of features identified as experimental or in preview.

8. Availability and service level

For paid plans, we commit to the monthly availability and service credits set out in the Service Level Agreement (SLA), which forms part of these Terms. The Estagiário (Free) plan is provided without an SLA.

The SLA does not cover unavailability arising from scheduled maintenance announced at least 48 hours in advance, suspension provided for in these Terms, failure of your application, exhaustion of your Plan’s quotas, fortuitous event, force majeure, denial-of-service attacks, or unavailability of third parties on which the Platform depends. Full exclusions are in the SLA.

9. Intellectual property

Your content is yours. You retain all rights in Customer Content. We claim no ownership over your code, your data or your applications.

The license we need. You grant us a non-exclusive, worldwide, royalty-free license, limited to the term of this contract, to host, store, copy, transmit, compile, build images from, execute, replicate and back up Customer Content — solely as necessary to provide the service, to provide support when you request it, and to comply with legal obligations. The license ends upon deletion of the content or closure of the account, save for copies in backups until the end of their retention cycle.

Our content is ours. The Platform, the Upuai Cloud brand, the interface, the documentation and proprietary technology belong to GMB TECNOLOGIA LTDA. These Terms transfer no rights in them. Open source components used in the Platform remain under their respective licenses.

Feedback. Suggestions you send us may be used freely, with no obligation of consideration or confidentiality.

10. Artificial intelligence processing

When a build or deployment fails, the execution logs may be sent to an external language model provider — currently Google Gemini — to generate an automatic summary of the error shown in the dashboard. This processing is carried out to provide the service and is described in the Privacy Policy and in the subprocessor list.

Build logs may contain excerpts of your code, file paths and messages from your application. Do not emit secrets to log output. You can disable this processing in the project settings; the dashboard will then show the raw log without a summary.

Generated summaries are automated estimates and may contain inaccuracies. They are not a definitive diagnosis or a technical recommendation for which we are answerable.

11. Third-party content and infringement notices

The Platform runs content that you supply and that we do not moderate in advance. If you believe content hosted on the Platform infringes your rights, send a substantiated notice to contato@upuai.com.br identifying the rights holder, describing the infringed right, providing the URL of the content and a good-faith statement.

We will review the notice and may remove or disable the content, notifying the responsible customer, who may submit a counter-notice. We apply the regime of the Brazilian Internet Civil Framework (Law no. 12,965/2014), including the requirement of a court order where the law so requires.

12. Privacy and data protection

Processing of personal data is governed by the Privacy Policy. The subprocessor list is at /en-US/subprocessors.

When you use the Platform to process third-party personal data in your applications, you are the Controller and Upuai is the Processor under Law no. 13,709/2018 (LGPD). That relationship is governed by the Data Processing Addendum (DPA), which forms part of these Terms.

13. Limitation of liability

13.4. What is not limited. The above limitations do not apply to: (a) willful misconduct or gross negligence by Upuai; (b) harm to physical integrity or life; (c) breach of confidentiality or of personal data protection attributable to Upuai; (d) infringement of intellectual property rights by Upuai; and (e) any other case in which the law prohibits limitation.

13.5. No implied warranties. Except for the commitments expressly set out in these Terms and in the SLA, and for non-waivable statutory warranties, the Platform is provided as is, without warranty of fitness for a particular purpose, of result, or of suitability for any particular use of yours.

14. Suspension and termination

By you. You may close your account at any time from the dashboard, under Settings. Closure deletes your personal data as described in the Privacy Policy and removes your resources from the Platform.

By us. We may suspend or terminate access in the event of: breach of these Terms or of the Acceptable Use Policy; unremedied non-payment; a court or competent authority order; or inactivity exceeding 12 months on the Estagiário (Free) plan. Except in cases of serious breach, imminent risk or legal prohibition, we will give prior notice with a period to remedy.

After termination. Unless the law provides otherwise, we retain Customer Content for 15 (fifteen) days after termination, during which you may request an export. After that period the data is irreversibly deleted. Tax and accounting obligations may require retention of payment records for up to 5 years, as described in the Privacy Policy.

15. Discontinuation of the service

16. General provisions

Assignment. You may not assign this contract without our consent. We may assign it in the event of corporate reorganization, merger, acquisition or transfer of assets, upon notice.

Severability. If any provision is held invalid, the remainder stays in force, and the invalid provision will be construed so as to produce the valid effect closest to the original intent.

No waiver. Failure to enforce any provision does not constitute a waiver.

Entire agreement. These Terms, the Acceptable Use Policy, the SLA, the DPA and the Privacy Policy constitute the entire agreement between the parties on their subject matter. In case of conflict, the more specific document prevails.

Notices. We will send communications to the email address registered on your account. Keep it current.

17. Governing law and venue

These Terms are governed by the laws of the Federative Republic of Brazil.

The courts of Belo Horizonte/MG are elected to settle disputes, waiving any other. If you are a Consumer, you may elect the courts of your own domicile, under article 101, I of the Brazilian Consumer Protection Code.

18. Contact

Questions about these Terms, and privacy and data protection matters: contato@upuai.com.br.

GMB TECNOLOGIA LTDA — CNPJ 68.727.144/0001-88 — Belo Horizonte/MG, Brazil.