Terms of Use

§1. INTRODUCTION

Sinky is a global AI-native decision infrastructure platform, designed to enable organizations to create, operate, monitor, govern, and evolve critical business decisions in a scalable, auditable, and explainable manner.

These Terms and Conditions of Use ("Terms") govern access to and use of the Sinky Platform and all products, services, APIs, integrations, features, modules, environments, artificial intelligence resources, and other technologies made available by Sinky.

These Terms constitute a legally binding instrument between Sinky and the Client and establish the rights, duties, responsibilities, and limitations applicable to the use of the Services.

The Platform may be used in various operational and regulatory contexts, including, without limitation:

• credit;
• fraud;
• onboarding;
• compliance;
• anti-money laundering;
• risk monitoring;
• underwriting;
• document analysis;
• operational automation;
• supplier management;
• portfolio monitoring;
• collections;
• recovery;
• other decision-based business processes.

Use of the Platform implies full acceptance of these Terms.

§2. ACCEPTANCE OF TERMS

By accessing, using, contracting, or allowing access to the Platform, the Client represents and warrants that it:

• I. has legal capacity to enter into binding agreements;
• II. has sufficient authority to represent the contracting organization;
• III. has read these Terms in their entirety;
• IV. understands the rights and obligations set forth herein;
• V. agrees to comply fully with these Terms;
• VI. will observe all applicable legislation related to the use of the Platform.

If the User does not have authority to represent the contracting organization, they shall not use the Services.

Continued use of the Platform after any updates to these Terms shall be deemed acceptance of the then-current version.

§3. SCOPE OF TERMS

These Terms apply to:

• Clients;
• Authorized Users;
• Administrators;
• Partners;
• Service Providers;
• API Users;
• Test environments;
• Production environments;
• Sandbox environments;
• Beta environments.

These Terms exclusively govern the use of the Platform and do not replace specific commercial agreements that may be entered into between the Parties.

In the event of a conflict between these Terms and a specific agreement signed between the Parties, the following order of precedence shall apply:

1. Master Services Agreement (MSA);
2. Service Order or Commercial Proposal;
3. Data Processing Agreement (DPA);
4. Contractual Annexes;
5. These Terms;
6. Platform Public Policies.

§4. DEFINITIONS

For the purposes of these Terms, the terms below shall have the meanings defined in this clause.

4.1 Platform

All software, applications, APIs, integrations, modules, interfaces, environments, databases, artificial intelligence models, and other technological resources made available by Sinky.

4.2 Services

Any and all services made available by Sinky to the Client, including current or future functionalities.

4.3 Client

Legal entity that enters into an agreement with Sinky or uses the Platform through any valid form of engagement.

4.4 Authorized User

Natural person authorized by the Client to access the Platform.

4.5 Workspace

Isolated logical environment made available to the Client within the Platform.

4.6 Client Data

Any information provided, submitted, uploaded, transmitted, or processed by the Client through the Platform.

4.7 Personal Data

Information relating to an identified or identifiable natural person, as defined by applicable law.

4.8 Data Marketplace

Integration layer made available by Sinky for access to internal and external data providers.

4.9 Integration

Any technical connection between the Platform and internal or external systems.

4.10 API

Set of programmatic interfaces made available by Sinky for system-to-system communication.

4.11 Artificial Intelligence

Computational models used for classification, inference, recommendation, content generation, automation, machine learning, autonomous agents, or similar functionalities.

4.12 Liza AI

Artificial intelligence copilot made available by Sinky to assist users in data interpretation, insight generation, explainability, and operational support.

4.13 Decision

Result produced by a flow configured by the Client using Platform resources.

4.14 Decision Policy

Set of rules, models, parameters, criteria, weights, flows, or conditions configured by the Client to support operational decisions.

4.15 Data Provider

Third party responsible for supplying data consumed by the Platform.

4.16 Beta Environment

Functionality made available for testing, evaluation, or preliminary validation before general release.

4.17 AI-Generated Content

Any text, recommendation, summary, classification, inference, score, explanation, or output produced by artificial intelligence models used by the Platform.

4.18 Documentation

Guides, manuals, APIs, technical materials, articles, specifications, and other content made available by Sinky.

§5. ELIGIBILITY AND CORPORATE USE

The Platform is intended exclusively for professional and business use.

Use of the Platform for personal, domestic, or individual consumer purposes is not permitted.

The Client represents that it will use the Platform exclusively for legitimate activities compatible with applicable law.

Sinky may refuse or terminate access for any organization that:

• violates these Terms;
• poses a material operational risk;
• is subject to applicable international sanctions;
• uses the Platform for unlawful activities.

§6. MODIFICATIONS TO SERVICES

Sinky may, at its sole discretion:

• enhance functionalities;
• add new features;
• discontinue functionalities;
• modify interfaces;
• alter integrations;
• update AI models;
• update technological components.

Whenever reasonably possible, material changes will be communicated to the Client in advance.

The continuous evolution of the Platform constitutes an essential characteristic of the Services offered by Sinky.

§7. LANGUAGE AND INTERPRETATION

These Terms may be made available in different languages.

In the event of a discrepancy between translated versions, the version originally designated by Sinky as the official document shall prevail.

Titles and subtitles are for organizational purposes only and do not affect the legal interpretation of the provisions.

§8. CONTACT

Questions related to these Terms may be directed to:

• Legal: legal@besinky.com
• Privacy: privacy@besinky.com
• Security: security@besinky.com

Website: https://www.besinky.com

§9. PLATFORM OVERVIEW

Sinky provides a global AI-native platform designed for the creation, operation, monitoring, governance, and evolution of critical business decisions.

The Platform was conceived as a Decision Infrastructure Layer, enabling organizations to transform operational processes into structured, auditable, explainable, and scalable decisions.

The Services may be used in various business contexts, including, without limitation:

• credit;
• onboarding;
• fraud;
• compliance;
• anti-money laundering;
• risk;
• underwriting;
• document analysis;
• portfolio monitoring;
• collections;
• recovery;
• supplier management;
• partner management;
• operational automation;
• other decision-oriented processes.

Sinky may make new products, modules, and features available at any time.

§10. PLATFORM ARCHITECTURE

The Platform may consist of different integrated modules, resources, and services.

Modules may operate independently or in combination.

Contracting one module does not imply automatic contracting of others.

Feature availability will depend on the plan contracted by the Client.

§11. SINKY STUDIO

Sinky Studio is the environment for modeling, configuring, executing, and monitoring decision flows.

Through Studio, the Client may:

• create decision flows;
• configure rules;
• create policies;
• use integrations;
• execute automations;
• implement statistical models;
• use artificial intelligence models;
• create operational journeys;
• configure approvals;
• configure authorization levels;
• monitor results.

The Client is fully responsible for the rules, parameters, criteria, and decisions configured within Studio.

Sinky does not pre-validate policies implemented by the Client.

§12. SINKY CONSULTA

Sinky Consulta is the module designed for obtaining, consolidating, interpreting, and presenting information from internal and external sources.

The module may provide:

• registration data;
• financial data;
• credit data;
• corporate data;
• compliance data;
• government data;
• judicial data;
• reputational data;
• market data;
• Open Finance data;
• data from authorized third parties.

Sinky Consulta may present:

• insights;
• alerts;
• recommendations;
• classifications;
• risk signals;
• explanations;
• AI-generated summaries.

The information provided does not constitute financial, legal, or regulatory advice and must be evaluated by the Client before any decision is made.

§13. SINKY ANALYTICS

Sinky Analytics is the Platform's document analysis and financial intelligence layer.

The module may use:

• OCR;
• artificial intelligence;
• machine learning;
• natural language processing;
• document analysis techniques.

Analytics may process documents such as:

• balance sheets;
• income statements;
• bank statements;
• financial statements;
• contracts;
• corporate documents;
• tax returns;
• operational documents.

Results generated are informational and intended to support decision-making.

§14. AI CASE MANAGEMENT

AI Case Management is the operational management layer for analyses, queues, processes, cases, and decisions.

The module may allow:

• case distribution;
• SLA management;
• queue management;
• approval workflows;
• authorization level control;
• traceability;
• user collaboration;
• automatic summary generation;
• intelligent prioritization.

All interactions within the module may be recorded for audit purposes.

§15. PORTFOLIO MONITORING

The Portfolio Monitoring module is designed for continuous monitoring of entities, clients, suppliers, partners, or assets defined by the Client.

Monitoring may include:

• registration changes;
• corporate changes;
• financial changes;
• negative events;
• legal monitoring;
• reputational monitoring;
• risk changes;
• automatic reclassifications.

The Client acknowledges that the frequency and scope of monitoring may vary depending on the availability of the data providers used.

§16. DATA MARKETPLACE

The Data Marketplace is the Platform's data integration and orchestration layer.

Through the Data Marketplace, the Client may connect to internal and external information providers.

The availability of a specific integration will depend on:

• corresponding subscription;
• technical availability;
• provider availability;
• existence of valid credentials.

The Client may use:

Model A — Own Credentials

The Client maintains a direct contractual relationship with the data provider.

In this scenario:

• Sinky only operationalizes the integration;
• provider charges remain under the Client's responsibility;
• service availability depends on the contracted provider.

Model B — Contracting through Sinky

Sinky may make certain providers available through its own agreements.

In this scenario:

• Sinky will act as an access intermediary;
• operational limits may apply;
• specific usage rules may apply.

Sinky does not guarantee the continuous availability of third-party providers.

§17. DATA INTELLIGENCE

Data Intelligence is the Platform's observability, governance, and operational intelligence layer.

The module may provide:

• operational metrics;
• performance indicators;
• decision monitoring;
• policy monitoring;
• explainability;
• trend detection;
• historical analyses;
• alerts;
• internal benchmarking.

The module's purpose is to enable continuous improvement of the decision processes implemented by the Client.

§18. LIZA AI

Liza AI is the Platform's artificial intelligence copilot.

Liza AI may assist users through:

• insight generation;
• explanations;
• recommendations;
• summaries;
• analyses;
• content generation;
• document interpretation;
• operational support.

The Client acknowledges that:

• I. results produced by artificial intelligence are probabilistic in nature;
• II. generated responses may contain inaccuracies;
• III. recommendations do not replace human validation;
• IV. final decisions remain the sole responsibility of the Client.

Use of Liza AI is subject to the provisions of Sinky's AI Transparency and Responsible AI Policy.

§19. APIs AND INTEGRATIONS

Sinky may provide APIs for integration with internal or external systems.

The Client agrees to:

• use APIs in a manner consistent with the documentation;
• respect technical limits;
• not engage in abusive use;
• not compromise the Platform's stability.

Sinky may enforce:

• request limits;
• security controls;
• authentication;
• rate limits;
• access policies.

§20. BETA FEATURES

Sinky may provide features identified as:

• Beta;
• Preview;
• Early Access;
• Experimental;
• Pilot.

Beta features may exhibit:

• instability;
• frequent changes;
• operational limitations;
• temporary unavailability.

Use of Beta resources is at the Client's own risk.

§21. CONTINUOUS PLATFORM EVOLUTION

The Platform is a continuously evolving service.

Sinky may:

• enhance functionalities;
• replace technologies;
• update AI models;
• modify interfaces;
• incorporate new providers;
• remove discontinued integrations;
• introduce new modules.

Such changes do not constitute a contractual breach provided they do not substantially eliminate the core functionality contracted.

§22. ACCEPTABLE USE NEW

The Client agrees not to use the Platform for:

• illegal activities;
• fraud;
• money laundering;
• terrorism financing;
• violation of international sanctions;
• reverse engineering;
• unauthorized scraping;
• penetration testing without authorization;
• malware distribution;
• abusive use of infrastructure.

Sinky may immediately suspend access in the event of a violation.

§23. RESPONSIBILITY FOR DECISIONS

The Client acknowledges that the Platform constitutes a decision-support tool.

All decisions made based on information, recommendations, analyses, classifications, alerts, models, flows, policies, or content generated by the Platform remain the sole responsibility of the Client.

Sinky does not:

• grant credit;
• approve transactions;
• reject transactions;
• perform regulatory analyses on behalf of the Client;
• replace compliance teams;
• replace legal opinions;
• replace accounting opinions;
• replace human assessments required by law.

The Client remains fully responsible for decisions made based on the results produced by the Platform.

§24. RESPONSIBILITY FOR POLICIES AND RULES

When using Sinky Studio or any other module that allows configuration of policies, rules, or decision flows, the Client shall be solely responsible for:

• criteria adopted;
• parameters configured;
• approval rules;
• rejection rules;
• models used;
• flows implemented;
• operational limits;
• internal policies.

Sinky does not pre-review configurations made by the Client.

The implementation of a given policy on the Platform does not constitute validation, approval, or recommendation by Sinky.

§25. REGULATORY RESPONSIBILITY

The Client is solely responsible for ensuring that its use of the Platform complies with:

• applicable legislation;
• sector-specific regulations;
• regulatory requirements;
• contractual obligations;
• internal policies.

Where applicable, the Client shall be solely responsible for complying with requirements related to:

• credit;
• financial services;
• anti-money laundering;
• data protection;
• compliance;
• insurance;
• capital markets;
• payment methods;
• any other regulated sector.

Contracting the Platform does not transfer to Sinky any regulatory obligations belonging to the Client.

§26. RESPONSIBILITY FOR SUBMITTED DATA

The Client represents that it possesses all authorizations, legal bases, consents, permissions, or legal grounds required to submit, share, transmit, or process data through the Platform.

The Client shall be solely responsible for data submitted to the Platform by:

• users;
• APIs;
• integrations;
• internal systems;
• authorized third parties.

Sinky assumes no responsibility for the origin of data provided by the Client.

§27. USE OF THIRD-PARTY DATA

When using data from third parties, including providers available in the Data Marketplace, the Client agrees to respect:

• provider terms;
• contractual restrictions;
• usage limitations;
• applicable legislation.

The Client acknowledges that certain providers may require additional authorizations or specific consents.

§28. MARKETPLACE GOVERNANCE NEW

The composition of the Data Marketplace may change over time.

Providers may be added, removed, replaced, or discontinued for technical, commercial, regulatory, or operational reasons.

Sinky does not guarantee the permanence of any specific provider.

§29. OPEN FINANCE AND FINANCIAL DATA

When using data from Open Finance ecosystems or equivalent frameworks, the Client represents that it is responsible for:

• obtaining consents;
• managing authorizations;
• observing applicable regulations;
• complying with corresponding regulatory requirements.

Sinky acts solely as technological infrastructure and does not participate in obtaining data subject consents.

§30. USE OF ARTIFICIAL INTELLIGENCE

The Client acknowledges that artificial intelligence-based functionalities:

• are probabilistic in nature;
• may generate imprecise results;
• may present incomplete information;
• do not constitute professional advice.

The Client agrees to use such functionalities responsibly and in a manner consistent with its legal obligations.

Critical decisions shall not depend exclusively on AI-generated content without adequate validation by the Client.

§31. PROHIBITED USE

It is expressly prohibited to use the Platform for:

• I. unlawful activities;
• II. discriminatory practices prohibited by law;
• III. violations of third-party rights;
• IV. submission of malicious content;
• V. malware distribution;
• VI. cyberattacks;
• VII. reverse engineering;
• VIII. unauthorized data mining;
• IX. system breaches;
• X. unauthorized access attempts;
• XI. processing of data without a valid legal basis;
• XII. use for fraudulent activities;
• XIII. use in violation of applicable law.

§32. NON-DISCRIMINATION

The Client agrees not to use the Platform to promote illegal discrimination based on:

• race;
• color;
• ethnicity;
• nationality;
• religion;
• gender;
• sexual orientation;
• disability;
• age;
• any condition protected by law.

The Client shall be fully responsible for rules, models, or policies that result in unlawful discrimination.

§33. CREDENTIAL SECURITY

The Client shall maintain the confidentiality of:

• logins;
• passwords;
• tokens;
• API keys;
• integration credentials.

All activity conducted through the Client's credentials shall be presumed legitimate.

The Client shall immediately notify Sinky in the event of:

• suspected compromise;
• loss of credentials;
• unauthorized access.

§34. THIRD-PARTY INTEGRATIONS

The Client is responsible for the integrations it connects to the Platform.

Sinky does not guarantee:

• availability of third-party systems;
• operational continuity of third parties;
• quality of services provided by third parties;
• maintenance of external APIs.

Failures caused by third parties do not constitute a failure of the Sinky Platform.

§35. USAGE LIMITATIONS

Sinky may establish limits related to:

• users;
• storage;
• API consumption;
• AI usage;
• integrations;
• processing;
• transaction volume.

Such limits may vary according to the contracted plan.

§36. FEEDBACK AND SUGGESTIONS

The Client may provide suggestions, ideas, comments, or feedback related to the Platform.

By providing such contributions, the Client grants Sinky a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to use such contributions for the purpose of improving products and services.

No compensation shall be due for the use of such contributions.

§37. USAGE MONITORING

Sinky may monitor Platform usage for:

• security;
• audit;
• abuse prevention;
• technical diagnostics;
• service improvement;
• compliance with legal obligations.

Such monitoring shall comply with applicable data protection legislation.

§38. SUSPENSION FOR MISUSE

Sinky may immediately suspend access to the Platform upon identifying:

• unlawful use;
• security risk;
• violation of these Terms;
• compromise of the Platform;
• legal or regulatory determination.

Whenever possible, Sinky will provide prior notice to the Client.

In cases of immediate risk, suspension may occur without prior notice.

§39. COOPERATION IN INCIDENTS

The Client agrees to cooperate with Sinky in the investigation of:

• security incidents;
• fraud;
• unauthorized access;
• violations of these Terms;
• legal determinations.

Cooperation may include providing information reasonably necessary for investigation.

§40. RESPONSIBILITY FOR AUTHORIZED USERS

The Client is responsible for all users registered under its organization.

The Client shall ensure that its users:

• comply with these Terms;
• use the Platform appropriately;
• maintain credential confidentiality;
• comply with security policies.

Acts performed by authorized users shall be considered acts of the Client itself.

§41. PLATFORM OWNERSHIP

The Platform, including all its components, functionalities, interfaces, models, algorithms, flows, methodologies, documentation, software, source code, databases, trademarks, logos, designs, content, and other associated elements, constitutes the exclusive property of Sinky or its licensors.

No provision of these Terms shall be construed as a transfer of intellectual property to the Client.

§42. LICENSE TO USE

During the term of the engagement, Sinky grants the Client a license that is:

• limited;
• non-exclusive;
• non-transferable;
• non-sublicensable;
• revocable in the cases provided for in these Terms;

to use the Platform exclusively for internal business purposes.

The Client does not acquire any ownership rights over the Platform.

§43. INTELLECTUAL PROPERTY RESTRICTIONS

Unless expressly authorized by Sinky, the Client may not:

• I. copy the Platform;
• II. reproduce the Platform;
• III. modify the Platform;
• IV. create derivative works;
• V. reverse engineer;
• VI. decompile;
• VII. disassemble;
• VIII. attempt to obtain source code;
• IX. remove intellectual property notices;
• X. use the Platform to develop a competing product.

§44. CLIENT DATA OWNERSHIP

All data submitted, transmitted, uploaded, stored, or processed by the Client through the Platform shall remain the property of the Client or its respective data subjects.

Sinky does not claim any ownership rights over Client Data.

§45. CLIENT DATA USE RIGHTS

The Client grants Sinky authorization to process Client Data exclusively for:

• provision of Services;
• technical support;
• security;
• maintenance;
• operational monitoring;
• fraud prevention;
• compliance with legal obligations;
• contractual performance.

Sinky will not use Client Data for purposes incompatible with the provision of Services.

§46. AI MODEL TRAINING

As a general rule, Sinky will not use Client Data for training foundational models, proprietary models, or artificial intelligence systems intended for third parties without the Client's express authorization.

Data processing for training Client-specific models may occur when:

• I. necessary for the provision of Services;
• II. contracted by the Client;
• III. contractually authorized.

§47. MODEL TRAINING — ADDITIONAL RESTRICTIONS NEW

Sinky will not use Client Data for training shared foundational models, general-purpose models, or models made available to third parties, unless expressly authorized by the Client.

Sinky may use anonymized, aggregated, and irreversibly de-identified data for the purpose of improving the Platform, subject to applicable law.

§48. ANONYMIZED AND AGGREGATED DATA

Sinky may use anonymized, aggregated, and irreversibly de-identified information for:

• statistical analyses;
• product improvement;
• research;
• operational metrics;
• benchmarking;
• Platform enhancement;
• feature development.

Such information shall not directly or indirectly identify the Client or any data subject.

§49. RESULTS AND OUTPUTS

Unless otherwise specified in a separate agreement, results generated from Client Data belong to the Client.

Results may include:

• reports;
• recommendations;
• classifications;
• analyses;
• insights;
• configured models;
• configured policies;
• generated documents;
• outputs produced by the Platform.

Ownership of outputs does not imply any transfer of intellectual property rights over the Platform.

§50. OWNERSHIP OF CONFIGURATIONS AND POLICIES

The rules, parameters, policies, flows, and configurations developed by the Client within the Platform shall remain under the Client's ownership.

Sinky may store such configurations solely for the purpose of providing the Services.

§51. FEEDBACK, IDEAS, AND SUGGESTIONS

If the Client provides:

• feedback;
• comments;
• suggestions;
• improvement proposals;
• feature requests;

the Client grants Sinky an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use such contributions.

Sinky may incorporate such contributions into its products and services without any obligation of remuneration.

§52. ARTIFICIAL INTELLIGENCE AND GENERATED CONTENT

The Client acknowledges that content generated by artificial intelligence functionalities may include:

• texts;
• analyses;
• summaries;
• recommendations;
• classifications;
• interpretations.

Sinky does not guarantee that such content:

• is complete;
• is free from errors;
• is suitable for a specific purpose;
• meets specific regulatory requirements.

Final validation remains the Client's responsibility.

§53. HUMAN OVERSIGHT NEW

The Platform's artificial intelligence resources are intended to support decision-making processes.

The Client remains responsible for determining the appropriate level of human oversight applicable to each process.

§54. MODELS AND ALGORITHMS

All models, algorithms, methodologies, and artificial intelligence systems used by the Platform constitute the exclusive property of Sinky or its respective licensors.

The Client does not acquire any rights over such models by virtue of using the Platform.

§55. TRADEMARKS AND VISUAL IDENTITY

"Sinky", its logos, trademarks, trade names, visual elements, and distinctive signs constitute the exclusive property of Sinky.

No provision of these Terms authorizes the Client to use Sinky's trademarks without prior express authorization.

§56. COMMERCIAL REFERENCE

Unless the Client expressly objects, Sinky may use:

• business name;
• trademark;
• logo;

exclusively to identify the Client as a user of the Platform in:

• website;
• institutional presentations;
• commercial materials;
• case studies.

The Client may request removal of this authorization at any time by written notice.

§57. RESERVATION OF RIGHTS

All rights not expressly granted in these Terms remain reserved to Sinky.

No implied license shall be deemed granted.

§58. SURVIVAL

The provisions of this Part IV shall remain in effect even after:

• termination of the engagement;
• rescission;
• suspension of Services;

to the extent necessary for the protection of the Parties' rights.

§59. INTELLECTUAL PROPERTY PROTECTION

The Client agrees not to engage in any act that may:

• compromise Sinky's rights;
• infringe Sinky's intellectual property;
• facilitate improper use of the Platform by third parties.

Sinky may take all appropriate legal measures to protect its rights.

§60. COMMITMENT TO SECURITY AND PRIVACY

Sinky adopts appropriate technical, organizational, and administrative measures to protect the confidentiality, integrity, availability, and resilience of data processed through the Platform.

Security and data protection are fundamental principles of the Platform's architecture, operation, and governance.

§61. REGULATORY COMPLIANCE

Sinky conducts its operations in compliance with applicable data protection legislation, including, where applicable:

• Brazil's General Data Protection Law (Law No. 13,709/2018 — LGPD);
• European Union General Data Protection Regulation (GDPR);
• California Consumer Privacy Act (CCPA), where applicable;
• other relevant privacy and data protection legislation.

§62. ROLES OF THE PARTIES

For data protection purposes:

Client

The Client typically acts as:

• Data Controller;
• or equivalent entity under applicable law.

Sinky

Sinky typically acts as:

• Data Operator;
• Data Processor;
• or equivalent entity under applicable law.

The specific nature of the relationship may be detailed in a contract, DPA, or equivalent instrument.

§63. DATA PROCESSING

Sinky shall process personal data exclusively:

• for the provision of Services;
• in accordance with documented instructions from the Client;
• for compliance with legal obligations;
• for the protection of Platform security;
• for the regular exercise of rights.

Sinky does not sell personal data.

§64. INFORMATION SECURITY

Sinky maintains a formal information security program based on internationally recognized practices.

The program may include:

• encryption;
• access control;
• multi-factor authentication;
• continuous monitoring;
• vulnerability management;
• incident management;
• audit trails;
• environment segregation;
• risk management.

§65. CERTIFICATIONS AND AUDITS

Sinky may submit its internal controls to independent audits.

The company maintains certification:

SOC 2 Type II

or equivalent certifications that may replace it.

Maintenance of certifications depends on periodic audits conducted by independent third parties.

§66. RIGHT OF AUDIT NEW

Audits conducted by Clients must be previously agreed upon between the Parties.

Sinky may satisfy audit requests by providing independent reports, certifications, or equivalent evidence.

On-site audits shall only occur pursuant to a written agreement.

§67. ACCESS CONTROL

Access to the systems and data processed by the Platform is limited to authorized persons and based on the principles of:

• least privilege;
• need-to-know;
• segregation of duties.

Sinky may use:

• RBAC (Role-Based Access Control);
• multi-factor authentication;
• access logs;
• periodic permission reviews.

§68. ENCRYPTION

Sinky adopts appropriate protection mechanisms for data in transit and at rest.

Such mechanisms may include:

Data in Transit

• TLS 1.2 or higher;
• equivalent protocols.

Data at Rest

• AES-256 encryption;
• equivalent mechanisms.

Sinky may update the standards used as technology evolves.

§69. LOGS AND AUDIT

The Platform may record events related to the use of Services.

Records may include:

• authentications;
• access events;
• changes;
• integrations;
• operational events;
• security events.

Logs may be used for:

• audit;
• investigations;
• monitoring;
• security;
• compliance with legal obligations.

§70. DATA RETENTION

Data processed by the Platform shall be retained for the period necessary for:

• provision of Services;
• compliance with legal obligations;
• dispute resolution;
• audits;
• security.

Upon termination of the contractual relationship, data may be deleted or anonymized in accordance with:

• the contract;
• the DPA;
• applicable law;
• Sinky's internal policies.

§71. BACKUPS AND CONTINUITY

Sinky may perform backup routines intended to protect the Services.

Backups may be used for:

• disaster recovery;
• operational continuity;
• service restoration.

The existence of backups does not guarantee the full recovery of any specific data.

§72. SECURITY INCIDENTS

Sinky maintains formal procedures for the identification, investigation, containment, and response to security incidents.

When required by law or contract, Sinky shall notify the Client of relevant incidents affecting data under its processing.

Notification shall occur within a reasonable period after confirmation of the incident.

§73. SECURITY TESTING

Sinky may regularly conduct:

• security tests;
• vulnerability assessments;
• architecture reviews;
• technical audits;
• monitoring activities.

Such activities aim to continuously strengthen Platform security.

§74. SUB-PROCESSORS

Sinky may use third-party providers to assist in the provision of Services.

Such providers may include:

• infrastructure providers;
• storage providers;
• monitoring providers;
• authentication providers;
• operational support providers.

Sinky shall take reasonable measures to ensure that sub-processors maintain adequate security and data protection standards.

An updated list of sub-processors may be made available on a dedicated Sinky page.

§75. INTERNATIONAL DATA TRANSFERS

Depending on the location of the Client, users, or providers used, data may be processed in different jurisdictions.

Where applicable, Sinky shall adopt appropriate mechanisms to legitimize international data transfers, including:

• standard contractual clauses;
• contractual safeguards;
• legally recognized mechanisms.

§76. PRIVACY

The processing of personal data by Sinky is governed by the:

Sinky Privacy Policy

available at a dedicated web address.

The Privacy Policy is incorporated into these Terms by reference.

§77. DATA PROCESSING AGREEMENT (DPA)

Where applicable, the Parties may enter into a Data Processing Agreement ("DPA").

In the event of a conflict between these Terms and the DPA, the DPA shall prevail exclusively with respect to data protection matters.

§78. DATA SUBJECT RIGHTS

The Client remains responsible for fulfilling data subject requests when acting as Data Controller.

Sinky may provide reasonable cooperation to assist the Client in fulfilling such requests, where technically feasible.

§79. CLIENT SECURITY RESPONSIBILITIES

The Client agrees to:

• protect credentials;
• implement adequate internal controls;
• restrict unauthorized access;
• report relevant incidents;
• use the Platform securely.

Sinky shall not be liable for incidents resulting from security failures attributable to the Client.

§80. LEGAL DISCLOSURE

Sinky may disclose data when:

• required by law;
• ordered by a competent authority;
• necessary for the regular exercise of rights;
• necessary for the protection of Platform security.

Whenever permitted by law, Sinky will seek to inform the Client in advance.

§81. SURVIVAL

The provisions of this Part shall remain valid after:

• contract termination;
• rescission;
• suspension of Services;

to the extent necessary for compliance with legal obligations and protection of the Parties' rights.

§82. SUPPLEMENTARY DOCUMENTS

The following documents supplement this Part V and are incorporated into these Terms by reference:

• Privacy Policy;
• Data Processing Agreement (DPA);
• AI Transparency & Responsible AI Policy;
• Security & Trust Appendix;
• other policies published by Sinky.

§83. NATURE OF SERVICES

The Platform is provided on a Software as a Service ("SaaS") basis.

Services are delivered remotely via the internet.

The Client acknowledges that Platform operation depends on external factors, including:

• internet connectivity;
• infrastructure providers;
• third-party services;
• external integrations;
• data providers.

§84. SERVICE AVAILABILITY

Sinky shall use commercially reasonable efforts to maintain Platform availability.

Availability may be affected by:

• scheduled maintenance;
• emergency maintenance;
• security incidents;
• third-party failures;
• force majeure events;
• unavailability of external providers.

Sinky does not guarantee uninterrupted or error-free availability.

§85. SLA

Unless otherwise specified in a separate agreement, Sinky shall endeavor to operate the Platform with availability consistent with market standards for enterprise services.

Where applicable, service levels ("SLA") may be defined in:

• commercial proposal;
• service order;
• specific contract;
• contractual amendment.

In the absence of a specific SLA, there shall be no contractual obligation for minimum guaranteed availability.

§86. SCHEDULED MAINTENANCE

Sinky may perform scheduled maintenance for:

• updates;
• bug fixes;
• improvements;
• security hardening;
• Platform evolution.

Whenever reasonably possible, scheduled maintenance will be communicated in advance.

Scheduled maintenance periods shall not be considered downtime for SLA purposes.

§87. THIRD-PARTY SERVICES

The Platform may depend on services provided by third parties.

Such services may include:

• cloud infrastructure;
• data providers;
• Open Finance;
• government services;
• authentication services;
• monitoring services;
• external integrations.

Sinky is not responsible for unavailability caused by third parties.

§88. DATA PROVIDER AVAILABILITY

Sinky does not guarantee:

• continuous availability of providers;
• maintenance of external APIs;
• permanence of integrations;
• quality of data provided by third parties.

Changes made by external providers may impact Platform functionalities without constituting a breach by Sinky.

§89. NO GUARANTEE OF RESULTS

Sinky does not guarantee:

• increased revenue;
• credit approval;
• reduced default rates;
• fraud reduction;
• regulatory compliance;
• achievement of any specific result.

The Services constitute operational and decision-support tools.

Results obtained depend on various factors outside Sinky's control.

§90. LIMITED WARRANTIES

Sinky warrants only that:

• I. it has legal capacity to provide the Services;
• II. it has the necessary rights to make the Platform available;
• III. it will use reasonable efforts to maintain the Platform operational.

Except for the warranties expressly set forth in these Terms, the Platform is provided:

"AS IS"

and

"AS AVAILABLE"

§91. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, Sinky disclaims all implied warranties, including:

• merchantability;
• fitness for a particular purpose;
• non-infringement of rights;
• continuous availability;
• absolute accuracy of results.

§92. ARTIFICIAL INTELLIGENCE

The Client acknowledges that artificial intelligence functionalities:

• may generate errors;
• may produce unexpected results;
• may produce incorrect interpretations;
• are probabilistic in nature.

Sinky does not guarantee the accuracy of AI-generated outputs.

Results produced by Liza AI or any AI resources do not replace human validation.

§93. CLIENT DECISIONS

Every decision made by the Client using the Platform shall remain under the Client's sole responsibility.

This includes, without limitation:

• credit granting;
• credit denial;
• user blocking;
• onboarding;
• compliance;
• fraud prevention;
• underwriting;
• risk monitoring;
• termination of business relationships.

Sinky does not participate in the final decision.

§94. EXCLUSION OF LIABILITY FOR THIRD-PARTY DATA

Sinky is not liable for:

• accuracy of data;
• completeness of data;
• timeliness of data;
• consistency of data;

when such information is provided by third parties.

Liability for data from third parties remains with their respective providers.

§95. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Sinky's total aggregate liability arising from these Terms or from the use of the Platform shall be limited to the amount actually paid by the Client to Sinky in the:

12 (twelve) months preceding

the event giving rise to the claim.

If the engagement period is less than 12 months, the amount actually paid during the contractual term shall be considered.

§96. EXCLUSION OF INDIRECT DAMAGES

Under no circumstances shall Sinky be liable for:

• lost profits;
• loss of revenue;
• loss of opportunities;
• loss of business;
• loss of reputation;
• loss of clients;
• indirect data loss;
• consequential damages;
• special damages;
• punitive damages;
• exemplary damages.

Even if Sinky has been advised of the possibility of such damages.

§97. EXCLUSION OF LIABILITY FOR FRAUD

Sinky does not guarantee comprehensive fraud prevention.

The Client acknowledges that any risk or fraud prevention system has inherent limitations.

Sinky shall not be liable for losses resulting from:

• fraud;
• identity fraud;
• forged documents;
• synthetic identities;
• criminal activities.

§98. EXCLUSION OF REGULATORY LIABILITY

Sinky shall not be liable for:

• regulatory fines;
• administrative sanctions;
• assessments;
• legal penalties;

arising from the Client's use of the Platform.

Regulatory liability remains exclusively with the Client.

§99. FORCE MAJEURE

Neither Party shall be deemed in breach for failures resulting from events beyond its reasonable control.

Such events may include:

• natural disasters;
• wars;
• government acts;
• widespread internet outages;
• systemic infrastructure failures;
• large-scale cyberattacks;
• pandemics;
• strikes.

§100. DUTY TO MITIGATE

The Party alleging damage shall take reasonable measures to reduce or mitigate its losses.

No indemnification shall be due to the extent that the damage could have been reasonably avoided.

§101. EXCLUSIONS FROM LIMITATION OF LIABILITY

The limitations set forth in this Part shall not apply in cases of:

• I. willful misconduct;
• II. proven fraud;
• III. intentional violation of law;
• IV. liability that cannot be legally limited.

§102. SURVIVAL

The provisions relating to:

• limitations of liability;
• warranty exclusions;
• indemnification;

shall remain valid after termination of the engagement.

§103. RISK ALLOCATION

The Parties acknowledge that:

• I. the prices charged by Sinky were set considering the limitations of liability provided in these Terms;
• II. the limitations constitute an essential element of the economic balance of the engagement;
• III. without such limitations, Sinky would not make the Services available on the same commercial terms.

§104. COMMENCEMENT OF TERM

The engagement of Services shall take effect from the first of the following events to occur:

• I. electronic acceptance of these Terms;
• II. execution of a commercial proposal;
• III. execution of a specific agreement;
• IV. creation of the Client's account;
• V. actual use of the Platform.

From that moment, the Client shall be considered bound by these Terms.

§105. TERM OF VALIDITY

Services shall remain in effect for the period agreed upon between the Parties.

The term may be defined by means of:

• commercial proposal;
• service order;
• specific agreement;
• contracted plan;
• equivalent instrument.

In the absence of a specific term, the engagement shall be deemed to be for an indefinite period.

§106. RENEWAL

Unless otherwise specified in a separate agreement, Services may be automatically renewed for successive periods equal to the originally contracted term.

Either Party may prevent renewal by written notice sent at least:

30 (thirty) days

prior to the end of the current period.

§107. PLAN CHANGES

The Client may request:

• upgrade;
• downgrade;
• expansion;
• module reduction;
• volume changes;

subject to applicable commercial terms.

Sinky may establish specific conditions for contractual changes.

§108. SUSPENSION FOR DEFAULT

Sinky may suspend, in whole or in part, access to the Platform if the Client remains in default for a period exceeding:

15 (fifteen) days

after the due date of the financial obligation.

Whenever possible, Sinky will provide prior notice to the Client.

Suspension does not waive the obligation to pay amounts due.

§109. SUSPENSION FOR OPERATIONAL RISK

Sinky may immediately suspend Services upon identifying:

• security risk;
• unlawful activity;
• attempted fraud;
• abusive use;
• compromise of the Platform;
• violation of these Terms.

In such cases, suspension may occur without prior notice.

§110. TERMINATION BY CLIENT

The Client may terminate the engagement by following the procedures set forth in the applicable commercial instrument.

If a minimum contractual term exists, early termination may be subject to the agreed commercial conditions.

§111. TERMINATION BY SINKY

Sinky may terminate the engagement by written notice to the Client.

Where possible, prior notice of:

30 (thirty) days

shall be given for termination of Services.

§112. IMMEDIATE TERMINATION

Either Party may immediately terminate the engagement in the event of:

• I. material breach of these Terms;
• II. violation of applicable law;
• III. fraud;
• IV. insolvency;
• V. judicial reorganization that compromises contractual performance;
• VI. liquidation;
• VII. cessation of activities.

§113. EFFECTS OF TERMINATION

Upon termination of the engagement:

• I. the right to use the Platform shall cease;
• II. access credentials may be revoked;
• III. integrations may be terminated;
• IV. future processing may be interrupted;
• V. clauses that by their nature should survive shall remain valid.

§114. DATA EXPORT

During the engagement and for a limited period after its termination, the Client may request export of its data.

Export shall be subject to:

• available technical capabilities;
• applicable legal limitations;
• Sinky's retention policies.

Sinky may charge reasonable fees for extraordinary export or migration services.

§115. POST-CONTRACTUAL RETENTION PERIOD

Unless otherwise required by law, Client data may remain stored for a reasonable period after termination of the engagement.

After such period, data may be:

• deleted;
• anonymized;
• aggregated;

in accordance with applicable law and Sinky's internal policies.

§116. DATA DESTRUCTION

Where applicable, the Client may request the deletion of data processed by the Platform.

The request shall be subject to:

• applicable legislation;
• legal retention obligations;
• legitimate security needs;
• regulatory requirements.

§117. TRANSITION ASSISTANCE

Sinky may provide transition or offboarding services under a separate engagement.

Such services may include:

• assisted export;
• data migration;
• documentation;
• technical support;
• Platform replacement support.

Transition services are not included in the standard engagement.

§118. AMOUNTS DUE

Termination does not extinguish financial obligations already accrued.

The Client shall remain responsible for:

• outstanding amounts;
• prorated amounts;
• consumption charges;
• contractually stipulated fees.

§119. SURVIVAL OF CLAUSES

All provisions that by their nature should survive termination of the engagement shall remain in effect, including:

• confidentiality;
• intellectual property;
• data protection;
• limitation of liability;
• indemnification;
• dispute resolution;
• pending financial obligations.

§120. SERVICE DISCONTINUATION

Sinky may discontinue specific modules, resources, or functionalities.

Whenever reasonably possible, Sinky will provide prior notice to the Client.

Discontinuation shall not constitute a breach when justified on technical, operational, regulatory, or strategic grounds.

§121. CHANGE OF CONTROL

Any acquisition, merger, consolidation, corporate reorganization, or change of control of Sinky shall not constitute automatic grounds for contractual termination.

These Terms shall remain valid for Sinky's legal successors.

§122. ORDERLY TERMINATION

The Parties agree to cooperate in good faith to ensure orderly termination of the contractual relationship, minimizing unnecessary operational impacts.

§123. NO RIGHT TO REFUND

Unless expressly stated otherwise:

• amounts paid are non-refundable;
• implementation fees are non-refundable;
• professional services already performed are non-refundable.

§124. SURVIVAL OF TERMS

Termination of the engagement shall not affect rights or obligations that arose prior to its termination.

§125. CONFIDENTIALITY

The Parties agree to maintain confidentiality regarding all Confidential Information received in connection with the contractual relationship.

The confidentiality obligation applies during the term of the engagement and after its termination.

§126. CONFIDENTIAL INFORMATION

Confidential Information means any information disclosed by one Party to the other, regardless of format, including:

• commercial information;
• strategies;
• financial data;
• operational data;
• technical information;
• system architecture;
• documentation;
• code;
• models;
• algorithms;
• roadmaps;
• client information;
• supplier information;
• security information.

§127. EXCEPTIONS TO CONFIDENTIALITY

The following shall not be considered Confidential Information:

• I. information that is or becomes publicly available without breach of these Terms;
• II. information already legitimately known to the receiving Party;
• III. information legitimately obtained from third parties;
• IV. information independently developed by the receiving Party;
• V. information that must be disclosed by legal or regulatory determination.

§128. USE OF CONFIDENTIAL INFORMATION

Confidential Information may only be used for:

• performance of the engagement;
• compliance with legal obligations;
• regular exercise of rights.

Any use for competitive purposes or purposes unrelated to the contractual relationship is prohibited.

§129. PROTECTION OF INFORMATION

Each Party shall adopt reasonable measures to protect the other Party's Confidential Information.

The level of protection shall not be lower than that used to protect its own sensitive information.

§130. DISCLOSURE TO THIRD PARTIES

Disclosure of Confidential Information shall only be permitted to:

• employees;
• consultants;
• auditors;
• service providers;

who have a legitimate need for access and are subject to compatible confidentiality obligations.

§131. MANDATORY DISCLOSURES

If a Party is required by law, court order, or regulatory determination to disclose the other Party's Confidential Information, it shall:

• I. where permitted by law, provide prior notice to the other Party;
• II. limit disclosure to the minimum necessary.

§132. CLIENT INDEMNIFICATION

The Client agrees to defend, indemnify, and hold Sinky, its officers, executives, employees, and affiliates harmless from claims, losses, damages, costs, and expenses arising from:

• I. violation of these Terms;
• II. improper use of the Platform;
• III. non-compliance with applicable law;
• IV. infringement of third-party rights;
• V. decisions made by the Client using the Platform.

§133. INDEMNIFICATION FOR CLIENT DATA

The Client shall be fully responsible for claims related to:

• Client Data;
• content submitted to the Platform;
• information provided by the Client;
• improper use of personal data.

Sinky shall not be liable for information whose origin is attributable to the Client.

§134. NO INDEMNIFICATION FOR OPERATIONAL RESULTS

Sinky shall not be liable for losses resulting from:

• credit granting;
• credit denial;
• fraud;
• compliance decisions;
• onboarding decisions;
• Client operational decisions.

§135. RELATIONSHIP BETWEEN THE PARTIES

The Parties are independent entities.

Nothing in these Terms creates:

• partnership;
• joint venture;
• agency;
• representation;
• employment relationship;
• franchise.

Neither Party may assume obligations on behalf of the other without express authorization.

§136. ASSIGNMENT

The Client may not assign or transfer its rights or obligations without Sinky's prior authorization.

Sinky may assign or transfer these Terms in the event of:

• corporate reorganization;
• merger;
• consolidation;
• acquisition;
• asset sale;
• change of control.

§137. SUBCONTRACTING

Sinky may engage third parties to assist in the provision of Services.

The use of sub-processors or vendors does not release Sinky from its contractual obligations to the Client.

§138. COMMUNICATIONS

Communications related to the engagement may be made by:

• email;
• Platform;
• client portal;
• ticket system;
• other electronic means reasonably used by the Parties.

Electronic communications shall have full legal validity.

§139. ELECTRONIC SIGNATURES

The Parties acknowledge the validity of:

• electronic signatures;
• digital signatures;
• electronic signature platforms;

under applicable law.

§140. AMENDMENTS TO TERMS

Sinky may update these Terms periodically.

Material changes will be communicated through reasonable means.

Continued use of the Services after the changes take effect shall constitute acceptance of the updated version.

§141. ENTIRE AGREEMENT

These Terms, together with:

• commercial proposals;
• specific agreements;
• amendments;
• DPA;
• Privacy Policy;
• AI Transparency Policy;
• Security & Trust Appendix;

constitute the entire agreement between the Parties with respect to the subject matter hereof.

§142. DOCUMENT PRECEDENCE

In the event of a conflict between documents, the following order of precedence shall apply:

1. Specific agreement or Master Services Agreement (MSA);
2. Service Order or Commercial Proposal;
3. DPA;
4. Security & Trust Appendix;
5. Privacy Policy;
6. These Terms.

§143. WAIVER

Failure to exercise any right provided in these Terms shall not constitute a waiver.

Any waiver shall only take effect if formalized in writing.

§144. PARTIAL INVALIDITY

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain fully valid and effective.

§145. FORCE MAJEURE

The force majeure provisions set forth in these Terms and in applicable law shall apply.

Neither Party shall be liable for events beyond its reasonable control.

§146. COMMERCIAL REFERENCE NEW

Unless expressly objected to, Sinky may use the Client's name, trademark, and logo in client lists, institutional materials, commercial presentations, and corporate communications.

§147. BENCHMARKING AND COMPARATIVE TESTING NEW

The Client may not publish, disclose, or make available results of benchmarks, comparative tests, performance evaluations, or technical analyses of the Platform without Sinky's prior express authorization.

§148. EXPORT CONTROLS AND SANCTIONS NEW

The Client represents that it is not subject to economic sanctions or trade restrictions imposed by applicable national or international authorities.

The Client agrees not to use the Platform in violation of export laws, export controls, or sanctions regimes.

§149. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the:

Federative Republic of Brazil

without regard to conflict of laws principles.

§150. AMICABLE DISPUTE RESOLUTION

The Parties agree to seek an amicable resolution to any disputes arising from these Terms before pursuing legal proceedings.

§151. JURISDICTION

The courts of the City of São Paulo, State of São Paulo, Brazil, are hereby elected as the competent forum to settle any disputes arising from these Terms.

The Parties waive any other forum, however privileged it may be.

§152. SURVIVAL OF SURVIVING PROVISIONS

All provisions that by their nature should produce effects after termination shall remain valid, including:

• confidentiality;
• intellectual property;
• data protection;
• limitation of liability;
• indemnification;
• dispute resolution.

§153. ACCEPTANCE OF TERMS

By accessing, contracting, or using the Platform, the Client represents that it:

• I. has read these Terms in their entirety;
• II. understands their content;
• III. has the authority to be legally bound;
• IV. agrees to all provisions set forth herein.