Terms of Service

1. Acceptance

By using the Service you accept these terms and the Privacy Policy. If you use the Service on behalf of a company or organization, you represent that you have authority to bind it, and "you" then refers to it. If you do not agree, do not use the Service.

2. Pilot

DockBay is in a pilot, with access on request and subject to our approval. During the pilot:

• features, limits and interfaces may change, be suspended or be discontinued, with advance notice whenever possible;
• there is no service level agreement (SLA) and no availability guarantee;
• commercial terms, if any, will be set in a specific agreement; without such an agreement, the pilot is free of charge.

3. Account and API keys

• The Service is for people aged 18 or over who are able to enter into contracts, and for organizations.
• Keep account information accurate and up to date.
• API keys are credentials: store them securely, give each key only the scopes and mailboxes it needs, and revoke an exposed key immediately. Tell us about any unauthorized access.
• You are responsible for all activity carried out with your account's keys.
• Do not share, resell or grant access to the Service or to keys to third parties outside your organization without our written permission.

4. AI agents

You are responsible for everything the AI agents linked to your account do, whether they act autonomously or under human supervision. It is up to you to set permissions, sending limits, human review where needed, the content of messages and the consequences of automated actions, such as messages sent to the wrong recipient, commitments made to third parties or data loss. Where the law requires it, tell recipients that a communication was generated or sent by an artificial intelligence system.

5. Acceptable use

Do not use the Service to:

• send unsolicited bulk messages (spam), without consent or without honoring unsubscribe requests;
• carry out phishing, fraud, scams, impersonation, or forge senders or headers;
• distribute malware or content that exploits vulnerabilities;
• send content that is illegal, infringes the rights of others, or is defamatory, harassing, discriminatory, incites violence or exploits children or adolescents;
• process sensitive personal data, health data, third-party financial data or data of children and adolescents without a written agreement with us;
• collect addresses or data of others without a legal basis;
• circumvent limits, scopes, authentication or security measures, or test for vulnerabilities without our written permission;
• interfere with the operation of the Service or with its use by other customers;
• present yourself as affiliated with us or with others when you are not.

In commercial messages, you are responsible for identifying the sender, offering an unsubscribe option and complying with applicable law, including the LGPD and Brazil's Consumer Protection Code.

We may monitor use to check compliance with these terms, investigate violations, remove content, refuse operations and cooperate with authorities.

6. Content

"Content" is what you or your agents send, receive or store through the Service, such as messages and attachments. The Content is yours; we claim no ownership of it. You represent that you have the rights and legal bases needed to process the Content through the Service.

You grant us a non-exclusive, worldwide, royalty-free license to process the Content in order to provide, protect and support the Service, comply with the law and, unless otherwise agreed in writing, develop and improve DockBay, including training, fine-tuning and evaluating artificial intelligence models and algorithms, as described in the Privacy Policy. The license to operate the Service ends when the Content is deleted; models already trained or fine-tuned do not need to be rebuilt.

Content is deleted automatically after the Service's retention periods; recovery copies may exist for a short time. Keep your own copies of anything you need to retain.

We may use aggregated or anonymized data about the use of the Service without restriction. Suggestions and feedback you send us may be used freely, with no obligation to compensate you.

7. Software and intellectual property

The DockBay name, the site and the Service belong to H100 Solutions. DockBay's source code is licensed under the GNU Affero General Public License, version 3 (AGPL-3.0-only); nothing in these terms restricts the rights that license grants over the code.

8. Third-party services

The Service interacts with third-party systems, such as recipients' email providers and the webhook addresses you configure. We are not responsible for them, nor for how third-party providers deliver or classify messages.

9. Suspension and termination

We may suspend or terminate access, in whole or in part, in case of a breach of these terms, a risk to security, to the Service or to others, a legal requirement, or the end of the pilot, with advance notice whenever possible. You may stop using the Service at any time by revoking your keys and asking for the account to be closed through the contact in section 14. Sections 4, 6, 7, 10, 11, 12 and 13 survive termination.

10. Warranties

The Service is provided "as is" and "as available", especially during the pilot. To the extent permitted by law, we do not warrant that the Service will be uninterrupted or error-free, that messages will be delivered or correctly classified by other providers, or that it is fit for a particular purpose.

11. Limitation of liability

To the extent permitted by law, we are not liable for lost profits, loss of data, loss of opportunity or indirect damages. Our total liability for damages related to the Service is limited to the amount you paid us in the 12 months before the event or, if nothing was paid, to BRL 500.00. These limitations do not apply to willful misconduct, gross negligence, or cases in which the law, including Brazil's Consumer Protection Code, does not allow them.

12. Indemnity

You will indemnify us against third-party claims, including reasonable defense costs, arising from the Content, from the use of the Service by your account or your agents, or from a breach of these terms or of the law.

13. Governing law and venue

These terms are governed by the laws of the Federative Republic of Brazil. The courts of the judicial district of Vitória, Espírito Santo, are chosen as the venue, without prejudice to a consumer's right to sue in the courts of their own domicile. If the Portuguese and English versions differ, the Portuguese version prevails.

14. Changes and contact

We may update these terms. The date at the top shows the version in force. Significant changes will be announced on the site and, for account holders, by email, before they take effect whenever possible. Continuing to use the Service after that means accepting the new version.

Questions about these terms: admin@h100.com.br.