Terms of Use – Tess AI

Version effective as of September 23, 2026.

TESS TECNOLOGIA LTDA., a private legal entity ("Tess"), is the sole owner, party responsible for, and operator of the Tess AI platform and of the services described in these Terms of Use ("Terms"), and is the exclusive contracting party in relation to users ("User").

Thank you for using the Tess AI platform, owned by TESS TECNOLOGIA LTDA. ("Tess", the "Services", or the "Platform"). These Terms of Use ("Agreement") explain the rights you have with respect to images, text, audio, video, and other assets you may generate using the Services, or prompts you may enter on the Platform ("Assets"), your use of the Services, and other important topics, such as arbitration. Please read them carefully. Our Privacy Policy describes how we handle your personal information. Tess is committed to ensuring that the collection and processing of personal information complies with applicable data protection and privacy laws, including, without limitation, Brazil's General Data Protection Law (LGPD), the European Union's General Data Protection Regulation (GDPR), and the California Consumer Privacy Act, as amended by the California Privacy Rights Act (CCPA/CPRA), where applicable, safeguarding the privacy and security of users' information.

This Agreement is entered into between Tess and the natural or legal person who accepts these terms ("Customer," "You," or "Your"), and governs the Customer's access to and use of the Platform and the Services.

This Agreement takes effect when it is presented to the Customer and the Customer continues using the Services (the "Effective Date") or receives or distributes Assets. These terms may be updated and presented to the Customer periodically. Continued use of the Services constitutes acceptance of the updated terms. If you do not agree to this Agreement, discontinue use of the Services.

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

AVAILABILITY AND QUALITY OF THE SERVICES

We are constantly improving the Services to make them better. The Services are subject to modifications and changes, including, but not limited to, the artistic style of the Assets, the algorithms used to generate Assets, and the features available to the Customer. There are no warranties as to the quality, stability, availability (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 the Assets are provided to the Customer "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 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 unauthorized automated tools to access, interact with, or generate Assets through the Services, including scraping, bots, or abusive-use scripts. Use of Tess's official API, of the integrations made available on the Platform (including, without limitation, Zapier, n8n, MCP, and Embedding), and of the Platform's own agents and automations is permitted under this Agreement and the applicable documentation. Only one user may use the Services per registered account. Each user may have only one account. Multiple users may join the same workspace, provided that each has their own account.

We reserve the right to investigate reports or alleged violations of these Terms of Use and to take such measures as we deem appropriate, including, but not limited to, reporting any suspicious or unlawful activity to competent authorities, regulatory bodies, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, published materials, IP addresses, and traffic information.

AGE REQUIREMENTS

The Services are intended exclusively for persons 18 (eighteen) years of age or older. By accessing or using the Platform, you represent and warrant that you are at least 18 (eighteen) years of age.
Tess does not direct the Services to persons under 18 years of age and does not knowingly solicit personal information from minors. If Tess becomes aware that it has collected personal information from a person under 18 years of age in a manner inconsistent with these Terms, it may take reasonable steps to delete such information and to terminate or restrict access to the relevant account, as applicable.
If you believe that a person under 18 years of age has provided personal information to Tess, please contact us through the channel indicated in the Privacy Policy.

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. Tess is committed to ensuring that the collection and processing of personal information complies with applicable data protection and privacy laws, including, without limitation, Brazil's General Data Protection Law (LGPD), the European Union's General Data Protection Regulation (GDPR), and the California Consumer Privacy Act, as amended by the California Privacy Rights Act (CCPA/CPRA), where applicable, safeguarding the privacy and security of users' information. Our Privacy Policy describes how we handle your personal information.

Tess expressly 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 data protection and privacy laws, Tess acts as a controller or equivalent responsible entity, where applicable, for the personal information processed within the Platform, when Tess determines the purposes and means of such processing. Tess is responsible for decisions relating to such processing, subject to applicable law.

The processing of personal data within the Platform — including cases of international transfer of data to artificial intelligence models and infrastructure providers located outside Brazil, 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 data subject (access, rectification, anonymization, deletion, portability, and withdrawal of consent), preferably use the dedicated request channel available on our website, in the "Privacy Notice" section, which is managed by the Data Protection Officer (DPO) and monitored daily. Email contact at [email protected] remains active as an alternative channel.

California Residents (USA). If you are a resident of the State of California, the processing of your personal information also complies with the California Consumer Privacy Act, as amended by the California Privacy Rights Act ("CCPA/CPRA"), to the extent applicable. The rights available to California residents, the categories of personal information collected, the sources, the purposes, the retention periods, the categories of recipients, and the channels for submitting requests are described in the "Privacy Notice," which forms an integral part of these Terms and is available on our website.

YOUR CALIFORNIA PRIVACY RIGHTS (CCPA/CPRA)

This section applies exclusively to residents of the State of California (USA) and supplements the other provisions of these Terms. To the extent applicable, the terms "personal information," "sensitive personal information," "sale," "sharing," "business," "service provider," and "contractor" have the meanings ascribed to them by the CCPA/CPRA.

Roles. To the extent Tess qualifies as a "business" under applicable law, Tess acts as a "business" with respect to the personal information of California residents processed on the Platform. The artificial intelligence model, infrastructure, and connectivity providers engaged by Tess act as service providers or contractors, as applicable, subject to contractual obligations that prohibit them from retaining, using, or disclosing personal information for any purpose other than the performance of the Services and other purposes permitted by applicable law.

The advertising and remarketing partners used in paid acquisition campaigns and cross-context behavioral advertising — currently Meta, Google, and ManyChat — receive certain personal information as third parties, for their own advertising purposes, in the context of the sharing described below. Tess does not treat them as service providers or contractors in relation to that specific processing.

Sale and Sharing of Personal Information. Tess does not sell your personal information in exchange for money. However, in the context of paid advertising and remarketing campaigns, Tess discloses certain identifiers and online activity information, such as device identifiers, IP address, page views, video views, and engagement events, to advertising and marketing partners, including Meta (Pixel), Google Ads/Analytics, and ManyChat, for purposes that constitute "sharing" for "cross-context behavioral advertising" under the CCPA/CPRA, even though there is no exchange of money.

Tess does not use prompts, responses, files, or any content you submit or generate on the Platform ("Assets") to train or improve its own artificial intelligence models or third-party models. In addition, Assets are neither sold nor shared with advertising or marketing partners for purposes of cross-context behavioral advertising.

You have the right to opt out of this sharing at any time through the "Do Not Sell or Share My Personal Information" link, available on our website and in the Privacy Notice, or through the channels described in "How to Exercise Your Rights" below.

Your Rights. Subject to the conditions, limitations, and exceptions of the CCPA/CPRA, you have the right to:

a) know and access the categories and specific items of personal information collected, the sources from which the information was collected, the purposes of collection, use, or disclosure, and the categories of third parties or other recipients to whom they may have been disclosed;

b) request deletion of your personal information;

c) correct inaccurate personal information;

d) limit the use and disclosure of sensitive personal information to the purposes permitted by the CCPA/CPRA;

e) opt out of the sale or sharing of your personal information, where applicable; and

f) not be discriminated against or retaliated against for exercising any of these rights.

Non-Discrimination. Tess will not deny Services, charge different prices, offer a different level or quality of service, or otherwise discriminate against you because you exercise any right provided by the CCPA/CPRA.

How to Exercise Your Rights. You may exercise your rights through the interactive form available in the "Privacy Notice" on our website, or by sending an email to [email protected].

We will respond to a verifiable consumer request within 45 (forty-five) days of receipt, unless a longer period is permitted by applicable law. Where permitted, that period may be extended by an additional 45 days, upon notice. We may request information to verify your identity before fulfilling the request. You may designate an authorized agent to exercise your rights on your behalf, in which case we may require proof of authorization and verification of your identity, as permitted by law.

Browser Opt-Out Signals. When required by applicable law, Tess recognizes and honors valid browser privacy preference signals, such as Global Privacy Control (GPC), as a valid request to opt out of the sale or sharing of personal information. Upon detecting a GPC signal, or an equivalent opt-out preference signal, in your browser, Tess will, to the extent technically feasible, cease triggering advertising and remarketing pixels, cookies, and tags for that browser or device, without requiring a separate opt-out request.

Recognition of a GPC signal does not affect cookies or technologies that are strictly necessary for operation, security, fraud prevention, or the provision of the requested Services.

INTEGRATIONS WITH THIRD-PARTY APPLICATIONS

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

These systems are used exclusively to perform the integration enabled by the user and are not used for any other purpose. By enabling an integration on the Platform, the user consents to the transit of their data through the systems associated with that specific feature.

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

The connectivity infrastructure providers used in user-enabled integrations act as service providers or contractors, as applicable, under the CCPA/CPRA, and are contractually prohibited from retaining, using, or disclosing the personal information transmitted for any purpose other than performing the enabled integration and other purposes permitted by applicable law. Enabling an integration by the user, in itself, does not constitute a sale or sharing of personal information by Tess, provided that the data are processed exclusively to perform the enabled integration and within the limits of the applicable contractual obligations. This provision does not apply to the sharing with advertising and remarketing partners described in the "Your California Privacy Rights (CCPA/CPRA)" section.

DATA SECURITY

Tess AI is committed to protecting the security and integrity of users' information. We implement various security measures to protect 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.

Protection of Minors: The Platform is intended exclusively for persons 18 (eighteen) years of age or older. Tess may restrict or terminate access for accounts it identifies as belonging to minors, in accordance with these Terms and applicable law.

Sensitive Personal Information: Certain data you provide or enter on the Platform, such as access credentials and the content of prompts and files you upload, may constitute sensitive personal information. Tess processes this data exclusively to provide, protect, maintain, support, and perform the requested Services, including the execution of user prompts, and for other purposes permitted by the CCPA/CPRA. Tess does not use sensitive personal information to infer characteristics about you.

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

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

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

Communication of security incidents that may result in relevant risk or harm to data subjects will follow the timeframes and procedures described in the Privacy Policy and applicable law.

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 that the platform is available with a minimum of 99% uptime, although events beyond our control may affect availability.

Technical Support:

We offer technical support to help users get the most out of Tess AI. Available channels include:

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

Support provided through the in-platform chat and social media channels is, for the most part, conducted by AI, 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, a timeframe that may extend to up to two business days depending on demand, always with relevant responses and instructions.

Limitation of Liability:

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

GRANTED RIGHTS

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

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

Tess AI users retain copyright over the content they generate. For the current business plans (Business and Enterprise) and for the legacy Team plan, all text, audio, video, image, and other artifacts generated by the customer belong exclusively to the customer, and Tess has no license to use that content for any purpose of its own.

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

YOUR RIGHTS

Subject to the license above, you are the owner of 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 creators of the Assets. Tess makes no representations or warranties as to 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 by a third-party payment service provider, whose terms of service will prevail in the event of a conflict with these Terms.

Subscription Plan Definitions:

I. Current Plans: Pro (Professional), Business, and Enterprise.
II. Legacy Plans: GO, 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. References to "Pro" and "Professional" designate the same Current Plan.

Our Current Plans may be purchased monthly or annually.

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

Legacy Plans (GO, 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 (Professional), 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. The Enterprise plan is not eligible for this standard guarantee, unless expressly provided otherwise in the applicable enterprise agreement (MSA):

a) After the 7-day guarantee period, the purchase is validated and the license remains active throughout the contracted cycle, with no proportional or partial refund if non-renewal is scheduled during that period.

b) In that 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 access to the service 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 a subscription period that has already begun.

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 an eligible plan (Pro (Professional), Business, or any Legacy Plan). The Enterprise plan is not covered by this standard 7-day refund policy, unless expressly provided otherwise in the applicable enterprise agreement (MSA).

After that period, refunds are not possible, even in the event of cancellation; only non-renewal of your license may be scheduled.

For annual plans, cancellation after 7 days will result in non-renewal being scheduled 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 note that, once a refund is approved, this will result in the immediate cancellation of the plan and the suspension of access to the contracted services. Refund review at Tess is processed automatically by 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, please ensure that:

  • You are within 7 calendar days of the initial purchase.
  • The purchase relates to an eligible plan (Pro (Professional), Business, or any Legacy Plan). The Enterprise plan is not eligible, unless expressly provided otherwise in the applicable MSA.
  • You have proof of purchase or an invoice (for example, 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 that you tell us 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.

SUBSCRIPTION AND AUTOMATIC 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 on the preceding day.

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 the renewal of your subscription 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 performed by the user directly in Tess AI, on the subscription page. Cancellations completed after that 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 confer a right 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 close of that period.

ACCEPTABLE USE AND CONTENT

Use of the Platform, including the creation, sharing, and publication of Assets, must comply with this section, with applicable law, and with the User and Content Safety 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 integrations with third-party websites (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 of other Users and of Tess's 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 for the purpose of deceiving people and causing harm, including in matters of public health, safety, elections, or crisis situations;

  • To generate or disseminate personally identifiable information that may be used to harm an individual.

LIMITATION OF LIABILITY AND INDEMNIFICATION

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

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

If you knowingly infringe third-party intellectual property rights and this generates costs for us, you will assume such costs and any resulting attorneys' fees.

Tess is exclusively responsible for the obligations arising from 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, observing applicable law and taking appropriate precautions.

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

TAKEDOWN REQUESTS

We respect the intellectual property rights of third parties. If you believe that material located on the Services infringes your copyright or trademark, send 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 work (or trademark) that you believe has been infringed, or, if the claim involves multiple works, a representative list of those works;

  • Identification of the material you believe to be infringing, with sufficient detail for us to locate it;

  • Adequate contact information (including your name, postal address, telephone number, and, if available, email address);

  • A statement that you believe, in good faith, that use of the protected material is not authorized by the rights holder, their representative, or the law;

  • A statement that the information contained in the written notice is accurate;

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright holder;

  • If the copyright holder's rights arise under the laws of a country other than Brazil, identify that country.

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

Tess Tecnologia LTDA
Attn: Takedown Department
Av. Prof. Pereira Reis, 76, Loja B
Santo Cristo, Rio de Janeiro–RJ
ZIP Code: 20220-800, Brazil

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

The procedure described above also applies to cases in which you believe that material was removed or had its access 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 from them, 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.

Continued use of the Platform after notice of any changes, assignment, or transfer of these Terms will be deemed 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 change these Terms at any time, especially as a result of corporate reorganizations or operational changes, upon prior notice to Users.

DISPUTE RESOLUTION AND GOVERNING LAW

All legal claims arising out of or relating to this Agreement (including any dispute regarding the interpretation or performance of the Agreement) (a "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 resolved through arbitration.

GENERAL PROVISIONS

Neither party will be liable for failure or delay in performing its obligations to the extent such failure or delay is caused by circumstances beyond its 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 found to be invalid, illegal, or unenforceable, the remainder of the Agreement will remain in effect.

This Agreement does not confer benefits on third parties, except as expressly provided otherwise.