Terms of Service
These Terms of Service ("Terms") govern your access to and use of Nic Hyper Flow ("Nic Hyper Flow", the "Service"), including the VS Code extension, related websites, cloud APIs, and any associated services provided by GW SOLAR LTDA CNPJ 27.998.198/0001-09 ("Company", "we", "us", "our").
By installing, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be legally capable of entering into a binding agreement in your jurisdiction. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization.
2. The Service
Nic Hyper Flow is an AI-powered developer tool that may connect to third-party AI providers and services. The Service can generate text/code, process prompts, and display results inside VS Code or related interfaces.
We may update or modify the Service at any time, including adding or removing features.
3. Accounts & Authentication
The Service may use authentication methods such as GitHub login or tokens. You are responsible for maintaining the confidentiality of your access credentials and for all activity that occurs under your account.
You agree not to share access tokens or attempt to bypass authentication or usage limits.
4. Subscription Plans, Trials, and Usage Limits
The Service may offer free and paid plans, including trial periods ("Trial"). During a Trial, features or usage limits may apply.
Usage limits may include restrictions such as token quotas, rate limits, request limits, or feature gating. If you exceed limits, access may be restricted until you upgrade or the quota resets.
We may change pricing, plan features, or limits at any time. Any changes will take effect prospectively.
5. Billing & Payments
If you purchase a paid plan, you agree to pay all fees and applicable taxes. Payments may be processed by third-party payment processors (e.g., Stripe). We do not store full payment card details.
Unless otherwise stated, subscriptions renew automatically until canceled. You can cancel at any time and will keep access until the end of the current billing period, unless required by law.
6. User Content & Inputs
When using the Service, you may submit prompts, text, code, files, or other content ("Inputs"), and you may receive outputs ("Outputs").
You retain ownership of your Inputs. As between you and the Company, to the extent permitted by law, you may use Outputs for any lawful purpose.
Important: Outputs may be inaccurate, incomplete, or contain errors. You are solely responsible for reviewing and validating Outputs before use, especially in production, security-sensitive, legal, financial, or safety-critical contexts.
7. API Keys & Third-Party Providers
The Service may allow you to bring your own API keys ("BYOK") for third-party AI providers. You are responsible for:
- Your third-party account, keys, and billing
- Compliance with third-party terms and policies
- Any charges incurred through your keys
We are not responsible for third-party services, including outages, output quality, or pricing changes.
8. Prohibited Conduct
You agree not to:
- Reverse engineer, exploit, or interfere with the Service
- Bypass usage limits, authentication, or security measures
- Use the Service to develop or distribute malware, exploit code, or harmful instructions
- Use the Service for unlawful, abusive, or infringing purposes
- Upload content you do not have the right to use
- Attempt unauthorized access to systems or accounts
We may suspend or terminate your access if we believe you violated these Terms.
9. Intellectual Property
The Service, including branding, UI, software, and associated materials, is owned by the Company and protected by applicable laws.
You may not copy, modify, distribute, sell, or lease any part of the Service unless permitted by law or explicitly authorized in writing.
10. Availability & Changes
We do not guarantee uninterrupted availability. The Service may be unavailable due to maintenance, updates, third-party issues, or technical failures.
We may change, suspend, or discontinue any portion of the Service at any time.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee that Outputs will be correct, secure, or free from bugs.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE AMOUNT YOU PAID TO USE THE SERVICE IN THE LAST 12 MONTHS, UNLESS REQUIRED OTHERWISE BY LAW.
13. Indemnification
You agree to indemnify and hold harmless the Company and its affiliates from any claims, damages, liabilities, and expenses arising from:
- Your use of the Service
- Your Inputs or use of Outputs
- Your violation of these Terms or any law
- Your use of third-party services and API keys
14. Termination
You may stop using the Service at any time. We may suspend or terminate your access if:
- You violate these Terms
- Your use creates security or legal risk
- Required by law or third-party providers
Upon termination, certain sections (e.g., liability, disclaimers) will remain in effect.
15. Governing Law
These Terms are governed by the laws of Brazil, Rio Grande do Sul, without regard to conflict-of-law principles.
16. Changes to These Terms
We may update these Terms from time to time. If changes are material, we will provide reasonable notice (e.g., in-app notice or on the website). Continued use after changes means you accept the updated Terms.
17. Contact
For questions about these Terms, contact:
Email: tobias.mecatronica@gmail.com
Company: GW SOLAR LTDA CNPJ 27.998.198/0001-09