Authorized sources. You must lawfully acquire the chatPowerBI Software by purchasing, downloading or accessing it from Our website at https://chatpowerbi.ai or from any of Our authorized reseller, partner or provider. In the latter case, You shall also comply with the terms and conditions of such resellers, partners or providers.

1. Access. Your access to the chatPowerBI Software is granted subject to an account registration to Our website at https://chatpowerbi.ai, as well as under the terms of this EULA and the relevant Subscription Plan. In case You are allowed to have a Multi-User Account, You may allow Authorized Users to access the chatPowerBI Software and the related Services within the limited number of licenses agreed and/or allowed by the relevant Subscription Plan , provided in any case that such access shall be for the Authorized Users’ sole benefit and in full compliance with the terms herein. To such purpose, You shall: (i) identify the Authorized Users and assign, revoke or reassign them their account login information (i.e., username and password) for the access to the chatPowerBI Software and Services; (ii) control against any unauthorized access to the chatPowerBI Software and/or to the related Services by the Authorized Users; (iii) be responsible for the Authorized Users’ compliance with the terms herein as well as for all activities that occur under their account or as a result of any Authorized Users’ access to the chatPowerBI Software and to the Services.

2. Requirements. Only the Software running on the hardware and in the environment specified in the chatPowerBI Software’s documentation is unconditionally eligible for running the same, as well as for Our support and other services. You agree that You are solely responsible for these requirements, as well as for any needed changes, updates and fees.

1. Grant of license. Subject to the relevant Subscription Plan, You are granted a limited, worldwide, non-assignable, non-sublicensable, non-transferable and non-exclusive license to use the chatPowerBI Software according to the terms herein.

2. Scope of the license. You agree that You will use the chatPowerBI Software only in connection with Your own normal internal commercial use, and You will not – unless otherwise provided in this EULA or by the applicable Subscription Plan – sell, lease, re-distribute, provide managed service, or otherwise provide or make available, either directly or via other means, or otherwise, the chatPowerBI Software to any third party.

3. Third-Party Software. You expressly acknowledge and accept that certain content, products and services available via the chatPowerBI Software may include Third-Party Software, as specified in the chatPowerBI Software’s documentation. All Third-Party Software is licensed to You under the terms of this EULA, unless We provide other terms along with the chatPowerBI Software’s documentation. To any Third-Party Software shall apply Sects. 9.1), 9.2), 9.3) and 9.4) below and, therefore, without limiting the foregoing, We are not responsible for examining or evaluating the content or accuracy of the Third-Party Software nor provide any warranty, express or implied, with respect to any Third-Party Software and expressly disclaim any warranty or condition of merchantability, fitness for a particular purpose, title, and non-infringement.

4. Reservation of rights. We expressly reserve all rights not expressly granted to You in this EULA.

1. General responsibilities. You are entirely responsible for the use of the chatPowerBI Software and, to such purpose, You shall not use, encourage, promote, facilitate, instruct (or induce others to do the foregoing on) the chatPowerBI Software for any activity that violates any applicable Law or to transmit, store, display, distribute or otherwise make available any Data that is illegal or that would encourage or constitute a criminal or civil liability under any Law.

2. Data lawfulness. You undertake to have all the interest and title (including, without limitation, any related Intellectual Property Right) in and to the Data that You may transmit, store, display, distribute or otherwise make available through the chatPowerBI Software, and that You are the sole responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness thereof. Without limiting the foregoing, You warrant and represent that such Data is fully compliant with any applicable Law. In no way whatsoever We will be responsible for any of such Data.

3. Updates. In case the chatPowerBI Software needs any update as provided in Sect. 5.1) below, You expressly agree to install such updates as soon as they are available, bearing any and all the related costs, if any. You shall bear full risk of any loss or damage in case any updates are not properly and timely installed due to Your fault; We expressly disclaim any liability in such respect.

4. Export regulations compliance. You expressly acknowledge that You are not an entity targeted by any Law which provides economic sanctions, export controls, import regulations or trade embargoes, nor You are otherwise owned or controlled by, or acting on behalf of, any person or entity targeted or in any way affected by the foregoing. Furthermore, You expressly acknowledge that You will not download or otherwise export or re-export the chatPowerBI Software’s content, products or services or any related technical data directly or indirectly to any person or entity targeted by the aforementioned Law or for any end-use prohibited or restricted by such Law.

5. Indemnification. To any third party’s claim arising out of a violation of Your obligations under this Section 4 (Your Responsibilities), Sects. 10.1 and 10.2 below shall apply, in addition to any other rights or remedies afforded to Us under this EULA and/or as per the applicable Law.

1. License Checks. You expressly acknowledge and accept that the chatPowerBI Software need license checks before or during its execution. Therefore, You are strictly prohibited from alter or modify the chatPowerBI Software behaviour or functionality (e.g., prevent the software from connecting to the internet to perform such checks, etc.).

2. Updates. We, in Our sole discretion, reserve the right to add or remove tools, utilities, improvements, Third-Party Software, features or functions, or to provide programming fixes, updates and upgrades, to the chatPowerBI Software in order to improve and enhance the features and performance thereof and/or according to Our discontinuation policy. Given the preceding, You expressly acknowledge and agree that: (i) We have no obligation to make available and/or provide any updates; (ii) in case We provide any updates, this EULA shall automatically apply thereto, unless We provide other terms along with such updates; (iii) We disclaim any liability in case any updates result in an unavailability, deficiency or incompatibility of any Third-Party Software (and/or of any other pre-existing feature or function) with the updated Software.

3. Availability. We will use commercially reasonable efforts to ensure the availability of the chatPowerBI Software for Our customers. Regardless, You acknowledge and agree that We have no control or liability over the availability of the chatPowerBI Software on a continuous or uninterrupted basis, so that from time to time the same may be inaccessible or inoperable, including, without limitation, for: (i) equipment malfunctions, periodic maintenance procedures or repairs; (ii) Force Majeure; (iii) limitations due to Your particular device or hardware; (iv) unavailability, deficiency or incompatibility of any Third-Party Software with the chatPowerBI Software for any reason (e.g., third-party’s or Our discontinuation policy, incompatibilities between any updates and a Third-Party Software, etc.); (v) Your violation of any relevant provision of this EULA. Any unavailability of the chatPowerBI Software under this Sect. 5.3 shall not excuse You from Your obligation to make timely payment(s) under the applicable Subscription Plan.

4. Discontinuation policy. You expressly acknowledge and accept that the chatPowerBI Software is subject to Our discontinuation policy and, therefore, We reserve the right – without Our liability in such respect towards You or any other third party – to discontinue any Software’s feature, content or service (including, without limitation, access to technical support, access to Third-Party Software, etc.), in accordance with such discontinuation policy. The preceding applies also to any Third-Party Software, which is subject to such third party’s discontinuation policy, without Our liability towards You or any other third party in case any updates result in an unavailability, deficiency or incompatibility of any pre-existing Third-Party Software with the updated Software.

1. Term. The rights herein conferred to You are provided as of the Commencement Date unless terminated as provided below or according to the relevant Subscription Plan. In particular, the Subscription Plan shall be tacitly and automatically renewed for subsequent terms of the same duration, unless You withdraw by means of a 1 calendar days’ prior in the user panel, with effects after the expiration of the then-current subscription term, original or renewed.

2. Termination for breach. In case of Your breach of any term herein provided not cured within 10 (ten) days after Our initial notice thereof, We are entitled to terminate the EULA and/or the relevant Subscription Plan.

3. No access after termination. Upon the termination, for any reason whatsoever, of this EULA, You no longer have rights to access or use the chatPowerBI Software and, if applicable, We will delete or otherwise make inaccessible Your account and any Data in the chatPowerBI Software, if any. We shall not be liable towards You or any other third party for the loss of any Data and/or customization after the termination of this EULA for whatever reason or cause.

We hold and retain all an any title and interest in and to the chatPowerBI Software, as well as in any Intellectual Property Right associated with the same and, therefore, nothing in this EULA will be interpreted as a transfer, in whole or in part, of any IP Rights in and to the chatPowerBI Software to You or any other third party. Accordingly, You must not, and must not cause or permit others to: (i) remove or alter any chatPowerBI Software identification code, marking or notice from Us or Our licensors; (ii) copy, modify, adapt, make derivative works of, disassemble, decompile, reverse engineer, reproduce, distribute or republish any part of the chatPowerBI Software; (iii) perform or disclose any benchmark or performance tests of the chatPowerBI Software or any associated infrastructure (such as, without limitation, network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, penetration testing, etc.); and (iv) license, sell, rent, lease, transfer, assign, distribute, host, outsource, permit timesharing or service bureau use, or otherwise commercially exploit or make available the chatPowerBI Software to any third party.

1. Privacy Policy. You declare to have carefully read Our Privacy Policy and got a clear understanding of how We collect, use, protect or otherwise handle Personal Data in the provision of the Services.

2. Anonymized Data analysis. We are allowed to analyze anonymized Data (i.e., Data that are no more Personal Data and that, therefore, do not include personal identifiers of a person, such as his or her name, e-mail address, address, etc.) for the purpose to maintain, update or improve the chatPowerBI Software and/or the Services, as well as to conduct internal statistics and analytics on the use and proper functioning of the same Services. You have no right, title or interest in any result of these analyses performed by Us, which shall be deemed as Our Intellectual Property Rights.

1. Limited warranty. THE chatPowerBI SOFTWARE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.

2. Disclaimer of liability. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA OR PROFITS, BUSINESS INTERRUPTION, ETC.) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE chatPowerBI SOFTWARE, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

3. Remedies. EXCEPT FOR CLAIMS WITH RESPECT TO FRAUD, DEATH OR PERSONAL INJURY, FOR WHICH NO LIMIT SHALL APPLY, IN NO EVENT – TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW – OUR LIABILITY SHALL IN THE AGGREGATE EXCEED US$ 1,000.

4. Mandatory legal provisions. Some jurisdictions do not allow certain limitations of warranty or liability, therefore some or all of the limitations above provided may not apply to You. In such case, the limitations provided herein shall be applicable to the fullest and maximum extent permitted by the applicable Law.

1. Indemnification. You shall indemnify and hold Us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arose by any claim made by any third party (including, without limitation, any agency, public administrations, entities, etc.) against Us in connection with any of Your: (i) violation or breach of any term of this EULA; (ii) violation of any applicable Law, whether or not referenced herein; (iii) violation of any rights of any third party; (iv) use or misuse of the chatPowerBI Software.

2. Remedies. You expressly agree and acknowledge that any violation of Your obligations pursuant to this EULA may cause Us irreparable harm and damage, which may not be recovered at law. Therefore, You agree that Our remedies for breach of this EULA may be in equity by way of injunctive relief, as well and any other relief available, whether in law or in equity.

1. Assignment. You are not allowed to assign this EULA or any rights hereunder, unless with Our previous written consent. Conversely, We are allowed, at Our sole discretion, to assign this EULA or any rights hereunder to any third party, without giving You any prior notice.

2. Force majeure. A Party shall not be responsible for any failure to perform due to any event of Force Majeure. In the event of any such delay, the affected Party will be excused from such performance to the extent it is delayed or prevented by such cause. However, the other Party may terminate this EULA forthwith on written notice if such Force Majeure condition continues for a period of sixty (60) days.

3. No implied waiver. Any tolerance or silence by Us, even if on a continuous and reiterated basis, in relation to any breach or default by You of any provision of this EULA shall not be considered as a consent to such breaches and defaults and shall not affect the validity of the clause breached nor shall be construed as a waiver to any of the rights pertaining to Us pursuant to this EULA and/or the applicable Law.

4. Governing law and exclusive jurisdiction. This EULA is governed by the substantive and procedural Laws of Brazil. Any dispute arising out of, or relating to, this EULA shall be submitted to the exclusive jurisdiction of the Court of Brazil.

5. Severability. Should any part of this EULA be declared illegal or unenforceable, the remaining portion will remain in full force and effects.

6. Amendments. The effective date of the last version of this EULA is written above. We have the right to amend this EULA at any time, and to change, delete, discontinue or impose conditions on use of the chatPowerBI Software, in which case the new terms and conditions will supersede prior terms. Any changes will be effective after thirty (30) days from the time We first notify You about such changes via email or/and notifications while using the chatPowerBI Software and/or other reasonable means. Your continued use of the chatPowerBI Software following changes to this EULA after the effective date of a revised version thereof constitutes Your expressed acceptance of, and agreement to be bound by, this EULA as in force from time to time. If You do not accept modified EULA in part or full, You must terminate Your account and stop using the chatPowerBI Software before the change takes effect.