Terms of Use - Zirvo

1. Definitions

For the purposes of these Terms of Use, the following terms have the meanings set out below:

2. Acceptance of Terms

2.1. Accessing or using the Platform - whether through registration, login, API calls, use of any Service feature, or any other form of interaction - constitutes full, express, and irrevocable acceptance of these Terms by the User.

2.2. If the User disagrees with any provision of these Terms, they must immediately cease using the Platform and close their Account.

2.3. By accepting these Terms on behalf of a legal entity, the User declares they have sufficient authority to bind that organization to these conditions.

2.4. These Terms are complemented by Zirvo's Privacy Policy, which governs the processing of personal data. In case of conflict, the Privacy Policy prevails on personal data processing matters.

2.5. Zirvo may maintain other complementary documents such as acceptable use policies, SLAs, and special conditions for specific plans or features, which are incorporated into these Terms when made available.

3. Eligibility

3.1. Use of the Platform is permitted exclusively to individuals at least 18 years of age with full legal capacity, and to duly incorporated legal entities in regular operation.

3.2. Use by persons under 18 is prohibited. If Zirvo becomes aware that a User is a minor, the Account will be immediately closed.

3.3. Zirvo reserves the right to refuse, suspend, or cancel the registration of any individual or legal entity at its sole discretion.

3.4. Users located outside Brazil are responsible for verifying that use of the Platform complies with applicable local laws.

4. Account Registration

4.1. To access the Service, the User must create an Account providing true, complete, and up-to-date information. Providing false or outdated information may result in immediate Account closure.

4.2. The User is solely responsible for the confidentiality of their access credentials, including passwords and API Keys.

4.3. The User must immediately notify Zirvo at security@zirvo.com.br if they suspect unauthorized Account access or credential compromise.

4.4. Each Account is for strictly personal and non-transferable use, except as expressly provided in these Terms or authorized by Zirvo.

4.5. The User is responsible for all actions taken through their Account, regardless of who performed them.

4.6. Zirvo may require identity or domain verification as a condition for activating or maintaining certain Account features.

5. User Responsibilities

5.1. The User is fully responsible for their use of the Platform, including Monitor configuration, interpretation of generated data, and all resulting effects.

5.2. The User warrants that they will use the Platform exclusively for lawful purposes and possesses all necessary rights and authorizations to monitor the configured digital assets.

5.3. The User is responsible for ensuring monitored systems can handle the request volume generated by availability and performance checks.

5.4. The User is responsible for the proper configuration of their Alerts, Webhooks, and integrations.

5.5. The User must maintain independent backups of any configurations, data, or reports they consider critical.

5.6. The User must not rely exclusively on the Platform as the sole monitoring or alert mechanism for critical systems.

6. Prohibited Conduct

6.1. The User is expressly prohibited from:

6.2. Violation of any prohibited conduct may result in immediate Account suspension or cancellation, without right to a refund, in addition to civil and criminal liability.

7. Plans and Subscriptions

7.1. Zirvo offers different Plans for Service access, which may include free and paid modalities. Features, limits, and resources of each Plan are defined by Zirvo and published on the Platform.

7.2. Currently available Plans include: Free (basic limits for individuals or evaluation), Pro (paid plan for professionals and teams), and Agency (paid plan for agencies and organizations managing multiple clients).

7.3. Zirvo reserves the right to create, modify, rename, or discontinue Plans upon reasonable notice to the User.

7.4. The User may upgrade or downgrade their Plan at any time, subject to applicable conditions.

7.5. Zirvo may offer free trial periods for paid Plans, subject to specific conditions communicated at the time of the offer.

8. Payments

8.1. Recurring Billing: Paid Plans are billed on a recurring basis, monthly or annually as selected. Billing is made in advance at the start of each billing cycle.

8.2. Payment Methods: Zirvo accepts the payment methods informed on the Platform. By registering a payment method, the User authorizes Zirvo to make recurring charges until the subscription is canceled.

8.3. Automatic Renewal: Subscriptions renew automatically at the end of each billing cycle, unless canceled by the User before the renewal date.

8.4. Cancellation: The User may cancel their subscription at any time through the Platform or by contacting suporte@zirvo.com.br. Cancellation takes effect at the end of the current billing cycle.

8.5. Refunds: Amounts paid are generally non-refundable, except as required by applicable consumer protection law, in the event of a serious and proven Service failure attributable to Zirvo, or if Zirvo discontinues the contracted Plan before the end of the paid period.

8.6. Non-payment: In the event of payment failure, Zirvo may suspend access to the paid Plan or close the Account after a reasonable period with prior notice.

8.7. Price Changes: Zirvo may change paid Plan prices upon at least 30 days notice. Continued use after the change effective date implies acceptance of the new prices.

9. Service Availability

9.1. Zirvo uses reasonable efforts to keep the Platform available on a continuous and stable basis, but does not guarantee uninterrupted or error-free availability.

9.2. The Service may experience interruptions due to scheduled maintenance, infrastructure failures, force majeure events, cyberattacks, emergency updates, or External Provider failures.

9.3. Monitoring Does Not Equal Detection Guarantee: Zirvo does not guarantee that every failure or unavailability in the User's monitored systems will be detected, recorded, or notified in real time with absolute accuracy.

9.4. Specific SLAs may be offered in certain Plans. In the absence of a specific SLA, no uptime guarantee is offered.

9.5. Zirvo is not liable for damages resulting from Platform unavailability or failure to detect incidents in the User's systems.

10. Alerts and Notifications

10.1. The Platform offers automatic alert features based on conditions configured by the User. Alert operation depends on correct Monitor configuration and delivery system availability.

10.2. Zirvo does not guarantee real-time alert delivery, delivery through external channels, absence of false positives or negatives, or delivery during Platform unavailability.

10.3. Zirvo recommends that the User configure multiple notification channels as redundancy.

10.4. Zirvo is not liable for damages from undelivered, delayed, or incorrectly delivered alerts.

11. APIs

11.1. Zirvo provides public APIs that allow the User to programmatically interact with the Platform, access monitoring data, and manage Monitors and incidents.

11.2. API use is subject to these Terms and the Rate Limits and quotas defined for each Plan. Zirvo may modify, deprecate, or discontinue API endpoints upon reasonable prior notice.

11.3. The User is responsible for keeping their API integrations updated.

11.4. Excessive, abusive, or Rate Limit-violating API use may result in temporary or permanent API access blocking without prior notice.

12. API Keys

12.1. To use Zirvo APIs, the User must generate API Keys through the Platform. Each key is unique and associated with the User's Account or Workspace.

12.2. The User is fully responsible for the security of their API Keys. Keys must not be exposed publicly, must be stored securely, must not be shared with unauthorized third parties, and should be rotated periodically.

12.3. If an API Key is suspected of being compromised, the User must immediately revoke it through the Platform.

12.4. Zirvo may revoke API Keys at any time without prior notice in the event of suspected abuse, Terms violation, or security compromise.

13. Webhooks

13.1. The Platform allows the User to configure Webhooks to receive automatic event notifications. The User is responsible for providing valid, secure, and accessible URLs.

13.2. Zirvo uses reasonable efforts for Webhook delivery but does not guarantee real-time delivery, chronological order, or absence of duplicates on retries.

13.3. The User must implement idempotency mechanisms in their endpoints to handle possible duplicate deliveries.

13.4. Zirvo is not liable for damages from Webhook delivery failures, delayed deliveries, or incorrect endpoint processing.

14. Artificial Intelligence Features

14.1. The Platform includes or may include AI-based features such as anomaly detection, failure prediction, incident correlation, root cause analysis (RCA), and operational insights generation.

14.2. AI-generated results are produced by statistical algorithms and machine learning models. They may contain inaccuracies, do not necessarily reflect the actual root cause of an incident, and must not be treated as definitive diagnoses or professional recommendations.

14.3. Zirvo AI features are exclusively auxiliary and operational support tools. They do not replace human judgment, expert professionals, or formal technical diagnosis processes.

14.4. The User is solely responsible for decisions made based on AI-generated results.

14.5. Zirvo may use non-identifiable and anonymized data to train, adjust, and improve its AI models, as described in Section 24 and the Privacy Policy.

15. Third-Party AI and External AI Providers

15.1. For certain AI features, Zirvo may use services from AI Providers, including, without limitation, Google Gemini. Zirvo reserves the right to replace, add, or remove AI Providers at any time.

15.2. By using AI features, the User acknowledges that strictly necessary data may be transmitted to the AI Provider for processing, and that AI Providers are independent companies with their own privacy and data use policies.

15.3. Zirvo is not liable for incorrect, inaccurate, or inappropriate results generated by third-party AI models.

15.4. AI results do not constitute technical, legal, financial, operational, or professional advice of any kind. The User assumes full responsibility for decisions based on such results.

16. Beta, Preview and Early Access Features

16.1. Zirvo may make features identified as “Beta”, “Preview”, “Early Access”, or “Experimental” available to the User. Such features are provided without stability, continuity, or performance guarantees.

16.2. By using Beta Features, the User acknowledges they may contain bugs, may be altered or removed at any time without prior notice or compensation, and that no SLA applies.

16.3. Data and configurations associated with Beta Features may be lost without possibility of recovery.

16.4. Using Beta Features in critical production environments is the User's sole responsibility.

17. Rate Limiting and Infrastructure Protection

17.1. Zirvo implements Rate Limiting mechanisms to protect the integrity, availability, and performance of the Platform for all users.

17.2. Zirvo reserves the right to dynamically reduce Rate Limits, apply throttling, suspend API access, or block requests from identified abusive sources - at any time and without prior notice.

17.3. Applying Rate Limiting or throttling does not constitute a Service failure and generates no right to a refund or compensation.

17.4. The User must implement error-handling mechanisms for Rate Limit responses (HTTP 429), including exponential backoff logic.

18. Inactive Accounts

18.1. Zirvo may adopt inactive Account management policies for operational efficiency. An Account may be considered inactive when the User has not logged in, executed active checks, or engaged with the Platform for an extended period.

18.2. Inactive accounts, especially on the Free Plan, may be subject to prior inactivity notification, temporary archiving, or deletion of associated data after reasonable notice.

18.3. Active paid Accounts will not be archived or deleted for inactivity while there is an active subscription.

18.4. The User is responsible for exporting their data before archiving or deletion measures are adopted.

19. Compliance and Regulatory Responsibility

19.1. Use of the Platform does not transfer any regulatory responsibility to Zirvo. Each User remains fully responsible for complying with applicable legal, regulatory, and sector obligations.

19.2. Zirvo does not guarantee that the Platform meets regulatory requirements of specific sectors, including healthcare (HIPAA), financial services (PCI-DSS), government, or other heavily regulated industries.

19.3. Users in highly regulated sectors are responsible for evaluating, with competent authorities and legal advisors, whether the Platform meets their specific requirements before adopting it in sensitive or critical environments.

20. Benchmarks, Reports and Public Data

20.1. Zirvo may produce and publish benchmarks, rankings, availability indices, performance reports, and statistical studies based on Aggregated and Anonymized Data.

20.2. Such publications are based on aggregated and anonymized data, do not identify specific companies or individuals without prior consent, and have an informational and statistical purpose.

20.3. The User may not use Zirvo benchmarks or reports for advertising, comparative, or commercial purposes without prior written authorization.

21. Platform Evolution

21.1. Zirvo is a constantly evolving product. The Service may be modified, expanded, or reduced over time according to Zirvo's product strategy.

21.2. Zirvo reserves the right to add, modify, redesign, or remove features upon reasonable prior notice. Discontinuation will be communicated with reasonable advance notice, except in cases of urgent operational necessity.

21.3. The User acknowledges that Platform evolution is inherent to the nature of the Service and does not constitute a contractual breach, except where it results in material reduction of resources expressly provided in the contracted Plan.

22. External Providers and Third Parties

22.1. Platform operation depends on services from External Providers, including cloud infrastructure, DNS services, transactional email, AI providers, payment gateways, CDNs, and other third parties.

22.2. Zirvo selects External Providers with quality and security criteria but does not have full control over their operation, availability, or policies.

22.3. Interruptions, failures, policy changes, or service discontinuation by External Providers may impact Platform operation. Such events are beyond Zirvo's direct control and do not constitute contractual default.

22.4. Zirvo may replace External Providers at any time as long as Service quality and purpose are maintained, except where the replacement affects personal data processing, in which case applicable data protection law will be observed.

23. Data and Monitoring

23.1. To execute the Service, the Platform collects and processes Monitoring Data from checks performed by the User's configured Monitors, including availability status, response time, HTTP codes, SSL certificate information, DNS records, and incident logs.

23.2. Monitoring Data generated in the User's Account belongs to the User. Zirvo processes it as data controller or processor, depending on the nature of each processing activity.

23.3. Zirvo may retain Monitoring Data for varying periods depending on the contracted Plan.

23.4. The User must ensure that monitored assets are not subject to restrictions preventing their verification by Zirvo.

24. Aggregated and Anonymized Data

24.1. Zirvo reserves the right to process Monitoring Data in an aggregated and anonymized manner, making it impossible to individually identify any User, Account, or monitored asset.

24.2. Aggregated and Anonymized Data may be used by Zirvo for statistical production, benchmark creation, Platform improvement, AI model training, research, and publication of informational reports.

24.3. Aggregated and Anonymized Data are not considered personal data or confidential User data, and Zirvo may use them freely within the limits described in this Section.

25. Data Ownership

25.1. Data entered, generated, or collected in the User's Account remains the User's property. Zirvo does not claim ownership over User data beyond what is strictly necessary for Service operation.

25.2. By using the Platform, the User grants Zirvo a limited, non-exclusive, revocable operational license to store, process, and transmit User data for the purpose of providing the Service.

25.3. After Account closure, Zirvo will delete the User's data according to applicable retention periods, except for data required to be retained by law.

25.4. The User may export their data at any time through the export features available on the Platform, according to the contracted Plan.

26. Intellectual Property

26.1. The Platform, including its source code, design, interfaces, algorithms, AI models, documentation, trademarks, logos, and all other components, is the exclusive property of Zirvo or its licensors.

26.2. Zirvo grants the User a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform exclusively for the purposes provided in these Terms.

26.3. This license does not include the right to copy, reproduce, modify, distribute, remove intellectual property notices, use Zirvo trademarks without authorization, or sublicense or sell Service access.

26.4. Content inserted by the User on the Platform remains the User's property. By inserting Content, the User grants Zirvo a worldwide, non-exclusive, royalty-free license for the period necessary to process, store, transmit, and display such Content for Service provision.

27. User Feedback

27.1. The User may voluntarily submit to Zirvo suggestions, ideas, comments, bug reports, or any other type of feedback about the Platform through any available communication channel.

27.2. By submitting feedback, the User grants Zirvo an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and incorporate such feedback into the Platform, new products, AI models, or other Zirvo services - without any financial compensation.

27.3. The User must not submit to Zirvo confidential third-party information, trade secrets, or data protected by non-disclosure obligations as part of feedback.

28. Security

28.1. Zirvo adopts reasonable technical and organizational measures to protect the Platform and user data against unauthorized access, loss, alteration, or destruction. However, no security system is absolutely infallible.

28.2. The User is responsible for Account security, including using strong passwords, enabling multi-factor authentication (MFA) when available, protecting API Keys, and periodically reviewing granted team accesses.

28.3. The User must immediately report to Zirvo any suspected vulnerability, security incident, or unauthorized Account use at security@zirvo.com.br.

28.4. In the event of a security incident affecting User personal data, Zirvo will take the required measures and notify those affected as required by applicable law.

29. Account Suspension and Termination

29.1. Zirvo may suspend or terminate the User's Account in the event of Terms violations, payment default, fraudulent or illegal use, court order, security risk, or prolonged Free Plan inactivity.

29.2. In cases of serious violations or immediate risk, Zirvo may act without prior notice. For other situations, Zirvo will use reasonable efforts to notify the User before taking action.

29.3. The User may close their Account at any time through the Platform or by contacting suporte@zirvo.com.br. Closure does not generate a right to refund of amounts already paid, except as provided in Section 8.5.

29.4. After Account closure, Zirvo may delete all associated data after the applicable retention period. The User is responsible for exporting their data before closure.

30. Limitation of Liability

30.1. To the maximum extent permitted by applicable law, Zirvo shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of revenue, lost profits, loss of data, reputational damage, or costs from decisions based on Platform information, AI results, or failure to detect incidents.

30.2. Zirvo's total and aggregate liability, for any cause, shall not exceed the total amount paid by the User to Zirvo during the 12 months prior to the event giving rise to the claim. For Free Plan users, liability is limited to the minimum permitted by law.

30.3. Zirvo is not liable for damages from Platform unavailability, External Provider failures, User system failures, internet or telecommunications failures, cyberattacks not resulting from Zirvo's gross negligence, force majeure events, incorrect Platform use, AI result reliance, Beta Feature use, or Rate Limiting application.

30.4. These liability limitations apply regardless of the legal theory invoked and even if Zirvo has been informed of the possibility of such damages. Nothing in these Terms excludes Zirvo's liability for death or personal injury caused by negligence, fraud, or any liability that cannot be legally excluded.

31. Disclaimer of Warranties

31.1. The Service is provided “as is” and “as available”, without any express or implied warranty, including warranties of merchantability, fitness for a particular purpose, availability, accuracy, or completeness of Platform data and results.

31.2. Zirvo does not guarantee that the Service will be error-free, that defects will be corrected within a specific timeframe, that AI results will be accurate or complete, or that alerts will be delivered in real time.

31.3. The User acknowledges that they use the Service at their own risk and must adopt adequate redundancy and contingency measures for their critical systems.

31.4. Beta, Preview, and Early Access Features are entirely excluded from any warranty, as detailed in Section 16.

32. Amendments to Terms

32.1. Zirvo may amend these Terms at any time by publishing the updated version on the Platform and notifying the User by email or prominent notice in the interface.

32.2. Changes that reduce User rights or increase their obligations will be communicated at least 30 days in advance, unless required by law or for security risk correction.

32.3. Continued use of the Platform after the change effective date constitutes tacit acceptance of the new Terms. If the User disagrees, they must close their Account before the effective date.

32.4. The most current version of these Terms will always be available on the Platform, with the last update date and version number indicated.

33. International Expansion

33.1. Zirvo may expand its operations in the future to serve Users in jurisdictions outside Brazil. Such expansion does not alter the governing law or jurisdiction elected in these Terms unless expressly updated.

33.2. Users located outside Brazil who access the Platform do so on their own initiative and are responsible for verifying compliance with applicable local laws.

33.3. In the event of conflict between these Terms and mandatory rules of the User's jurisdiction, the mandatory rules shall prevail, without affecting the validity of the remaining provisions.

34. Governing Law and Jurisdiction

34.1. These Terms are governed and interpreted exclusively by the laws of the Federative Republic of Brazil.

34.2. The courts of the district of Nova Alvorada do Sul, Mato Grosso do Sul, Brazil, are elected as the competent venue for resolving any disputes arising from these Terms, with express waiver of any other venue.

34.3. The parties will seek, preferably, amicable dispute resolution before resorting to the courts.

34.4. If the User is a consumer under applicable consumer protection law, the applicable consumer protection rules prevail over any conflicting provisions of these Terms.

35. Contact

For questions, support, legal matters, or security reports related to these Terms or the Platform, contact Zirvo through the following channels: