Terms of Service – Tess AI

Version effective as of July 31, 2026.

TESS TECNOLOGIA LTDA., a privately held legal entity ("Tess"), is the sole owner, responsible party, and operator of the Tess AI platform and the services described in these Terms of Service ("Terms"), and is the exclusive contracting party vis-à-vis the users ("User").

Thank you for using the Tess AI platform by TESS TECNOLOGIA LTDA. ("Tess", the "Services" or the "Platform"). These Terms of Service ("Agreement") explain what rights you have regarding images, text, audio, video, and other assets you may generate using the Services, or prompts you may enter into the Platform ("Assets"), your use of the Service, and other important topics such as arbitration. Please read carefully. Our Privacy Policy describes how we handle your data here. In addition, we are committed to ensuring that all data collection and processing activities comply with the Brazilian General Data Protection Law (LGPD), safeguarding users' privacy and information security.

This Agreement is entered into between Tess and the individual or entity agreeing to these terms ("Client," "You," or "Your"), and governs the Client's access to and use of the Platform and Services.

This Agreement becomes effective when the Client is presented with it and continues to use the Services ("Effective Date") or receives or distributes Assets. These terms may be updated and presented to the Client from time to time. Continued use of the Services constitutes acceptance of the updated terms. If you do not agree with this Agreement, stop using the Services.

Other documents referenced herein may also govern the Client's use of the Services, including the Acceptable Use and Content section below, the Privacy Policy, the Cookie Policy, and the User Safety and Content Policy.

AVAILABILITY AND QUALITY OF SERVICES

We are constantly improving the Services to make them better. The Services are subject to modification and change, including but not limited to the artistic style of Assets, the algorithms used to generate Assets, and the features available to the Client. There are no guarantees regarding the quality, stability, uptime, or reliability of the Services. Please do not create dependencies based on any attributes of the Services or the Assets. We will not be liable for any damages caused by your reliance on the Services.

The Services and Assets are provided to the Client "AS IS," WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with the use of the Services.

TESS'S RIGHTS

Tess reserves the right to suspend or prohibit your access to the Services at any time and for any reason. You may not reverse engineer the Services or the Assets. You may not use automated tools to access, interact with, or generate Assets through the Services. Only one user may use the Services per registered account. Each user may only have one account.

We reserve the right to investigate reported complaints or violations of our Terms of Service and take any action we deem appropriate, including but not limited to reporting any suspicious or unlawful activity to law enforcement agencies, regulatory bodies, or other third parties, and disclosing any information necessary or appropriate to such persons or entities related to user profiles, email addresses, usage history, posted materials, IP addresses, and traffic information.

AGE REQUIREMENTS

By accessing the Services, you confirm that you are at least 18 years old. If you use the Platform on behalf of a minor, you must be their parent or legal guardian and accept these Terms on your own behalf and on behalf of the minor.

If you are a parent or legal guardian and allow a minor under your responsibility to use the Services, these Terms also apply to you, and you are responsible for that minor's activity on the Platform.

Assets are generated by an artificial intelligence system based on user inputs. This is an evolving technology and does not always work as expected. There are no guarantees regarding the appropriateness of Assets for the Client, including their appropriateness for minors.

YOUR INFORMATION

When using the Services, you may provide personal information to Tess, such as your email address, username, billing information, favorites, image outputs, text prompts you enter, or sample images and other files you upload to the Service. We are committed to ensuring that all data collection and processing activities comply with the Brazilian General Data Protection Law (LGPD), ensuring privacy protection and information security. Our privacy policy can be found here: https://tess.im/privacy-policy.

Tess explicitly states that it does not use prompts (including associated system instructions, cached content, or files such as images, videos, or documents) or responses to improve or train its models.

For purposes of applicable personal data protection laws, including, but not limited to, Brazilian Law No. 13,709/2018 (the "LGPD"), Tess will act as the controller of the personal data processed within the scope of the Platform and will be responsible for the decisions regarding such processing, under the LGPD.

The processing of personal data within the scope of the Platform — including the cases of international data transfer to artificial intelligence models and infrastructure providers headquartered outside Brazil, the retention periods by purpose, and the use of cookies and similar technologies — is governed by the Privacy Policy and the Cookie Policy.

To exercise your rights as a personal data subject (access, correction, anonymization, deletion, portability, and withdrawal of consent), please preferably use the dedicated request channel available on our website under "Privacy Notice", managed by the Data Protection Officer (DPO) and monitored daily. Contact by e-mail at [email protected] remains active as an alternative channel.

THIRD-PARTY APPLICATION INTEGRATIONS

The Platform offers users the ability to enable integrations with third-party applications. To support these functionalities, Tess may use specialized connectivity infrastructure contracted exclusively for this purpose. When enabling any integration, the data necessary for its operation may transit through third-party systems operated under contractual obligations of confidentiality and compliance with applicable data protection legislation.

These systems are used solely to execute the integration enabled by the user and are not employed for any other purpose. By enabling an integration on the Platform, the user consents to the transit of their data through the systems linked to that specific functionality.

Tess is committed to maintaining and ensuring the availability of the integrations offered on the Platform. The operation of such integrations may, however, be contingent on the operation of services provided by third parties, in which case Tess will act with diligence to minimize impacts and keep users informed.

DATA SECURITY

Tess AI is committed to protecting the security and integrity of user information. We have implemented several security measures to safeguard sensitive information, including:

Encryption: We use industry-standard encryption to protect data during transmission and storage.

Access Control: We apply strict access controls to ensure that only authorized personnel can access sensitive information.

Parental Control: We offer Tess workspace owners the ability to access and monitor the execution history of other users, as well as limit access to certain platform features. This allows parents greater control over the activity performed by their children when the entire family participates in a shared account. Naturally, this control does not override any other information mentioned in these Terms regarding the sensitivity of generated Assets, nor does it diminish user responsibility for the Assets.

Security Monitoring: We continuously monitor our systems to identify and respond quickly to potential security threats.

Security Assessments: We conduct regular security assessments and penetration tests to identify and correct vulnerabilities.

While we strive to protect your personal information with rigorous security standards, it is important to recognize that no internet data transmission or electronic storage method is infallible. Therefore, we cannot guarantee the absolute security of your information.

The communication of security incidents that may result in relevant risk or damage to data subjects follows the periods and procedures described in the Privacy Policy and in applicable legislation.

WARRANTIES AND TECHNICAL SUPPORT

Service Warranties:

Tess AI strives to provide a stable and reliable service. However, we offer our services "as is," without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We make every effort to ensure the platform is available with a minimum 99% uptime, though events outside our control may affect availability.

Technical Support:

We provide technical support to help users make the most of Tess AI. Available channels include:

Integrated platform chat: AI-powered support, available 24 hours a day, 7 days a week.
Email ([email protected]): Human support, available on business days, 9:30 a.m. – 6:00 p.m. (Brasília time).

Support provided through the integrated chat and social media channels is mostly AI-driven, and may involve human support in specific situations, depending on need and team availability. For email requests, we aim to respond on the same business day, which may extend to up to two business days depending on demand, always with pertinent responses and instructions.

Limitation of Liability:

Despite our dedication to maintaining a high-quality service, Tess AI is not responsible for losses or damages resulting from service failures or interruptions, including but not limited to data loss or lost profits.

GRANTED RIGHTS

Tess AI is a Software-as-a-Service (SaaS) platform providing access to various artificial intelligence systems (AIs) available on the market. We guarantee that no content generated on Tess AI is used for model training, either by our platform or by the third-party platforms we connect to. We require high standards of data security and protection, ensuring that customer information is not used for training or any other purposes that could expose their information.

By using Tess AI's services, users are subject to the rules and terms established by the AI providers we connect to via API. Below are the content rights for each integrated AI, following the policies and terms provided by their respective providers:

Users of Tess AI retain copyright over the content they generate. For business plans (Business, Team, and Enterprise), all text, audio, video, image, and other artifacts generated by the client belong exclusively to the client, and Tess does not have a license to use this content for any purpose of its own.

However, Tess, the company that owns Tess AI, receives a license to use content generated under individual plans (Beginner, Creator, Individual, Basic, and Pro). This license, however, does not authorize the use of data or generated content for training artificial intelligence models, ensuring that customer information is protected against such use.

YOUR RIGHTS

Subject to the license above, you own all Assets you create using the Services, provided they are created in accordance with this Agreement. This excludes the upscaling of images belonging to other people, which remain the property of the original Asset creators. Tess makes no representations or warranties regarding applicable law. Consult your own attorney if you wish to obtain more information about the current state of the law in your jurisdiction. Your ownership of the Assets you created persists even if, in subsequent months, you downgrade or cancel your subscription.

PAYMENT AND BILLING

Payment for your Tess AI plan may be processed through a third-party payment service provider, whose terms of service prevail in case of conflict with these Terms.

Subscription Plan Definitions:

I. Current Plans: Pro, Business, and Enterprise.
II. Legacy Plans: Beginner, Creator, Individual, Basic, and Team (discontinued for new subscribers).
III. All generic references to "Plan" apply equally to Current and Legacy Plans, except where the text indicates exclusivity.

Our Current Plans may be purchased on a monthly or annual basis.

Monthly: billed every 30 days, cancelable at any time;
Annual: discounted price, payable in up to 12 interest-free installments (for cards issued in Brazil).

Legacy Plans (Beginner, Creator, Individual, Basic, and Team) remain valid only for customers who subscribed before 11/13/2025.

For plans eligible under the Refund Policy (Pro, Business, or any Legacy Plan), whether monthly or annual, Tess offers its customers a 7-day guarantee period to test the platform before the plan is definitively activated:

a) After the 7-day guarantee period, the purchase is validated and the license remains active through the end of the contracted cycle, with no prorated or partial refund if non-renewal is scheduled during this period.

b) In this case, cancellation after 7 days only ensures that there will be no automatic renewal at the end of the current cycle.

We reserve the right to terminate your service access for any reason, including violations of the Acceptable Use and Content rules or misuse of the service. In such cases, no refund will be provided for an already-started subscription period.

Tess will be responsible for the services provided as of the effective date of the operational migration, and will not assume any financial obligations or liabilities related to prior periods, unless expressly agreed otherwise.

REFUND POLICY

We offer a full refund guarantee when requested within the first 7 (seven) calendar days after the initial purchase of any plan (whether Pro, Business, or any Legacy Plan).

After this period, refunds are not possible, even upon cancellation; only non-renewal of your license may be scheduled.

For annual plans, cancellation after 7 days will result in the scheduling of non-renewal at the end of the current annual cycle. For monthly plans, the plan ends at the end of the current billing month.

Important: This policy does not apply to renewals, upgrades, downgrades, or subsequent purchases (of credits or new plans after a prior cancellation); it applies only to each user's first purchase.

Please keep in mind that once a refund is approved, it will result in the immediate cancellation of the plan and the suspension of access to the contracted services. Refund analysis at Tess is processed automatically through the platform, and the chargeback process may take up to 30 business days, depending on the policies of each financial institution of the payer's bank.

Refund Eligibility:

To be eligible for a refund, ensure that:

You are within 7 calendar days of the initial purchase.
The purchase refers to an eligible plan.
You have proof of purchase or invoice (e.g., order number, receipt, etc.).
This policy does not apply to renewals, upgrades, downgrades, or subsequent purchases; it applies only to each user's first purchase.

We also appreciate you letting us know the reason for your refund request: this helps us improve both our platform and our services to make your experience with Tess AI as comfortable as possible.

AUTOMATIC SUBSCRIPTION AND RENEWAL

By purchasing a Tess AI plan (monthly or annual), you acknowledge and agree that your subscription will automatically renew on a recurring basis at the end of each contracted period, unless you cancel or disable automatic renewal.

Renewal charges will be made automatically using the payment method registered or used in the original purchase, on the subscription anniversary date or the day before.

Any price changes will be communicated in advance by email or within the platform and will take effect only at the next renewal. If you do not agree with the new price, you may cancel your subscription renewal before the renewal date.

To ensure that you are not charged for a new subscription cycle, cancellation must be completed before the renewal date displayed in your account. This process can be done by the user directly on Tess AI, on the subscription page. Cancellations made after this deadline may not prevent a renewal that is already being processed by the payment system.

Effect of Cancellation:

For Monthly Plans, cancellation prevents future charges but does not generate refunds for amounts already paid (except within the 7-day guarantee period, as described in these Terms).

For annual plans, cancellation prevents automatic renewal at the end of the 12 (twelve) months. Cancellation during the term of the annual plan does not entitle you to a proportional refund, except within the 7-day guarantee period or in cases provided by law. After cancellation is scheduled, you will continue to have access to Tess AI until the end of the period already paid, and your subscription will end at the conclusion of that period.

ACCEPTABLE USE AND CONTENT

Use of the Platform, including the creation, sharing, and publication of Assets, must comply with this section, applicable law, and the User Safety and Content Policy, which details prohibited conduct and content and supplements these Terms.

These rules apply to all use of the Platform, including shared workspaces, content published through Tess Pages, Artifacts, public AI agents, and third-party website integrations (Embedding), and the Tess Community (https://community.tess.im), the space where Users may share content and interact with one another. Content shared in the Tess Community remains private by default, unless the User chooses to make it visible to other members.

Be respectful to other Users and to the Tess team. Do not create content that is inherently disrespectful, aggressive, or abusive. Violence and harassment of any kind will not be tolerated. Adult content and graphic violence are not permitted, and certain text inputs may be blocked automatically.

Do not publicly share content created by other people without proper authorization. When sharing your creations outside the Platform, consider how third parties may interpret them.

You agree not to use the Services:

In any way that violates any applicable national, federal, state, local, or international law or regulation;
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
To create or disseminate false, synthetic, or manipulated content with the purpose of deceiving people and causing harm, including on matters of public health, safety, elections, or crisis situations;
To generate or disseminate personally identifiable information that could be used to harm an individual.

LIMITATION OF LIABILITY AND INDEMNIFICATION

We provide the service as-is and make no promises or guarantees about it. You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, regardless of how they occur.

You are responsible for your use of the service. If you harm someone or become involved in a dispute with another person, we will not get involved.

If you knowingly infringe someone else's intellectual property rights and it costs us money, you will assume those costs and any potential legal fees.

Tess is solely responsible for the obligations arising under these Terms and for the Services provided through the Platform.

INAPPROPRIATE OR OFFENSIVE CONTENT

Tess AI users are responsible for determining whether an Asset may be potentially inappropriate for minors, following applicable laws and taking proper precautions.

Any illegal or harmful use of the Platform and/or the Services will result in permanent banning, removal of the content in question, and you WILL be reported to the relevant national authority.

TAKEDOWN REQUESTS

We respect third-party intellectual property rights. If you believe material located on the Services infringes your copyright or trademark, submit a notice of alleged infringement to [email protected] with the subject "Takedown Request" and include the following:

Your physical or electronic signature;
Identification of the copyrighted (or trademarked) work you believe has been infringed, or, if the complaint involves multiple works, a representative list of those works;
Identification of the material you believe is infringing, in sufficient detail for us to locate it;
Adequate contact information (including your name, mailing address, phone number, and, if available, email address);
A statement that you believe in good faith that the use of the copyrighted material is not authorized by the copyright owner, their representative, or the law;
A statement that the information in the written notice is accurate;
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner;
If the copyright owner's rights arise under the laws of a country other than Brazil, identify the country.

You may also send notices containing the above information to the following address:

Tess Tecnologia LTDA
A/C: Takedown Department
Av. Prof. Pereira Reis, 76, Loja B
Santo Cristo, Rio de Janeiro–RJ
CEP: 20220-800, Brazil

Upon receiving a notice in compliance with the above, we reserve the right to remove or disable access to the accused material or disable any links to it; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of the Services for any user who commits repeated acts of infringement.

The procedure described above also applies in cases where you believe material was removed or access to it was disabled by mistake or misidentification.

ASSIGNMENT AND TRANSFER OF THESE TERMS

The User agrees that these Terms, as well as any rights and obligations arising hereunder, may be assigned or transferred by Tess to third parties, including as a result of corporate reorganizations, without the need for prior individual consent, upon simple notice.

The continued use of the Platform after notice of any changes, assignment, or transfer of these Terms will be deemed as the User's full and irrevocable acceptance. Acceptance may occur by electronic means, including, but not limited to, pop-ups, in-platform notifications, or email communications.

CHANGES TO THESE TERMS

Tess may amend these Terms at any time, especially due to corporate reorganizations or operational changes, upon prior notice to Users.

DISPUTE RESOLUTION AND GOVERNING LAW

All legal claims arising from or relating to this Agreement (including any dispute about the interpretation or performance of the Agreement) ("Dispute") will be governed by the laws of the State of Rio de Janeiro, Brazil.

The parties will attempt in good faith to resolve any Dispute within 30 days after it arises. If the Dispute is not resolved within 30 days, it will be settled through arbitration.

GENERAL TERMS

Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond their reasonable control, including force majeure events, natural disasters, terrorism, riots, or war.

This Agreement does not create any partnership or joint venture between the parties.

If any part of this Agreement is invalid, unlawful, or unenforceable, the remainder of the Agreement will continue in effect.

This Agreement does not confer benefits on third parties unless expressly stated.