Terms of Service – Tess AI

Version effective as of November 15, 2025.

TESS TECNOLOGIA LTDA., a privately held legal entity (“Tess”), is the sole owner, responsible party, and operator of the 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 Community Guidelines below.

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 13 years old and meet the minimum digital consent age in your country. If you are old enough to access the Services in your country but not old enough to consent to our terms, your parent or legal guardian must agree to our terms on your behalf.

Please ask your parent or legal guardian to read these terms with you. If you are a parent or guardian and allow your teenager to use the Services, these terms also apply to you, and you are responsible for your teenager’s activity on the Services.

Tess attempts to make its Services family-friendly and suitable for all ages, but Assets are generated by an artificial intelligence system based on user inputs. This is a new technology and does not always work as expected. There are no guarantees regarding the appropriateness of Assets for Clients.

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 files you upload to the Service. We are committed to ensuring that all data collection and processing activities comply with the 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 uploaded files such as images, videos, or documents) nor any 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 Brazilian General Data Protection Law – “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.

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: Tess workspace owners may access and monitor the execution history of other users and limit access to certain features. This provides parents greater control when the entire family uses a shared account. Naturally, this does not remove any responsibilities described in these Terms regarding the sensitivity of generated Assets, nor does it affect user responsibility.

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 transmission or electronic storage method is infallible. Therefore, we cannot guarantee absolute security of your information.

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 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, available 24/7.
Email ([email protected]): Human support available on business days, 9:30 a.m. – 6:00 p.m. (Brasília time).

Chat and social media support are mostly AI-driven, with human involvement in specific situations depending on need and availability. Email support is typically answered the same business day, or within two business days depending on demand.

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 available on the market. We guarantee that no content generated on Tess AI is used for model training, either by our platform or by third-party platforms we connect to. We require high standards of data protection to ensure customer information is not used for training or any other purposes.

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 their respective provider policies.

Users of Tess AI retain copyright over the content they generate. For business plans (Business, Team, and Enterprise), all text, audio, video, images, 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.

However, Tess (the company that owns Tess AI) receives a license to use content generated in individual plans (Beginner, Creator, Individual, Basic, and Pro). This license does not authorize the use of any data or content to train AI models, ensuring customer information remains protected.

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 creators. Tess makes no representations or warranties regarding the laws that may apply to you. Consult your attorney if you wish to obtain more information about applicable law in your jurisdiction. Your ownership of the Assets you created remains valid even if you later 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: Basic, Pro, Team, and Enterprise.
II. Legacy Plans: Beginner, Individual, and Business (discontinued for new subscribers).
III. All generic references to “Plan” apply to both Current and Legacy Plans except where explicitly stated otherwise.

Current Plans may be purchased monthly or annually:

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

Legacy Plans remain valid only for customers who subscribed before 11/13/2025.

For all cases, Tess offers 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 refunds after scheduling non-renewal.

b) Cancellation after 7 days only prevents 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 Community Guidelines 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 when requested within the first 7 (seven) calendar days after the initial purchase of any plan (Basic, Pro, Team, or any Legacy Plan).

After this period, refunds are not possible, even if canceled; only non-renewal may be scheduled.

For annual plans, cancellations after 7 days will schedule non-renewal at the end of the current annual cycle. For monthly plans, service ends at the end of the current billing month.

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

Refunds, once approved, immediately cancel the plan and suspend access to contracted services. Refund processing may take up to 30 business days, depending on the payer’s financial institution.

Refund Eligibility Checklist

To be eligible for a refund, ensure that:

You are within 7 days of the initial purchase.
The purchase refers to an eligible plan.
You have proof of purchase (order number, receipt, etc.).
This is your first purchase of the plan.

You are invited (though not required) to share the reason for your refund request so that we may improve the platform and services.

AUTOMATIC SUBSCRIPTION AND RENEWAL

By purchasing a Tess AI plan (monthly or yearly), 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 only take effect 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 period 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. Cancelling 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.

COMMUNITY GUIDELINES

Be kind and respectful to others and the team. Do not create images or use text prompts that are inherently disrespectful, aggressive, or abusive. Violence or harassment of any kind will not be tolerated.

Adult content or gore is not permitted. Avoid creating visually shocking or disturbing content. Some text inputs will be automatically blocked.

Do not publicly share other people’s creations without their permission.

You may not use the Services to generate images for political campaigns or to influence election outcomes.

Be cautious when sharing. You may share your creations outside Tess, but consider how others may perceive your content.

You agree not to use the Services:

In any way that violates national, federal, state, local, or international laws or regulations;
To exploit, harm, or attempt to exploit or harm minors;
To generate or disseminate false information with the intent to harm others;
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, 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 related legal fees.

PARETO TECNOLOGIA E MARKETING LTDA., a privately held legal entity (“Pareto”), shall have no operational, technical, or commercial responsibility in connection with the Services provided by Tess after the transfer of the operation, and Tess shall be solely responsible for the obligations arising under these Terms.

INAPPROPRIATE OR OFFENSIVE CONTENT

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

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

TAKEDOWN REQUESTS

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

Your physical or electronic signature;
Identification of the copyrighted (or trademarked) work claimed to have been infringed, or a representative list if multiple works are involved;
Identification of the allegedly infringing material, sufficiently detailed for us to locate it;
Adequate contact information (name, mailing address, phone number, email if available);
A statement of good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notice is accurate;
A statement under penalty of perjury that you are authorized to act on behalf of the copyright owner;
If the copyright arises under the laws of a country other than Brazil, identify the country.

You may also send notices to:

Tess Tecnologia LTDA
A/C: Departamento de Remoções
Av. Oscar Niemeyer 2000, Bloco 1, Sala 401
Santo Cristo, Rio de Janeiro–RJ
CEP: 20.220-297, Brasil

Upon receiving a compliant notice, we may remove or disable access to the accused material; notify the alleged infringer; and terminate service access for repeat infringers.

The above procedure also applies if you believe material was removed mistakenly or due to 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 disputes about interpretation or performance) (“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 not resolved within this period, it will be settled through arbitration.

GENERAL TERMS

Neither party will be liable for failure or delay in performance caused by circumstances beyond 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 will continue in effect.

This Agreement does not grant rights to third parties unless expressly stated.