Terms of Use

1. Definitions

"Application" is the Fouvia Studio software, in any version, for macOS or Windows, including updates, fixes and new features.

"User" is the individual or legal entity who installs, accesses or uses the Application.

"User Content" is all material captured, imported, edited or exported through the Application, including screen recordings, audio, camera footage, text and files.

"Free Plan" is the no-cost tier, with resolution limits and a watermark. "Pro Plan" is the paid subscription tier.

2. License to use

Fouvia grants the User a personal, limited, revocable, non-exclusive and non-transferable license to install and use the Application, according to the tier contracted.

The license transfers no ownership right over the Application to the User. All rights not expressly granted remain with Fouvia.

The User may not: (a) copy, distribute, sublicense, rent, lend or resell the Application; (b) reverse engineer, decompile or disassemble the Application, except within the limits allowed by law; (c) remove, hide or alter intellectual property notices, including the watermark applied on the Free Plan; (d) circumvent technical limits, license checks or access controls; (e) use the Application to develop a competing product; (f) share access credentials with third parties.

Breaching this clause authorizes immediate suspension of the account, without prejudice to any applicable legal measures.

3. Registration and account

Using features that depend on an account requires registration with truthful, complete and up-to-date information.

The User declares to be at least 18 years old, or to be represented by a legal guardian.

Credentials are personal and non-transferable. The User is solely responsible for keeping the password safe and for all activity carried out in the account, and must notify Fouvia immediately in case of unauthorized use.

Fouvia may refuse, suspend or terminate registrations showing signs of fraud, irregular use or breach of these Terms.

4. Plans, payment and renewal

The Pro Plan is charged as a subscription, on the billing period chosen at purchase (monthly or annual), at the amounts shown in the application before confirmation.

Payments are processed by Stripe. Fouvia does not collect or store credit card numbers. By subscribing, the User is also subject to the payment processor terms.

The subscription renews automatically at the end of each cycle, using the same payment method, until the User requests cancellation. The User expressly authorizes this recurring charge.

Prices may be adjusted. Price changes will be communicated at least 30 days in advance and take effect in the following cycle. A User who does not agree may cancel before renewal.

If a payment fails, Fouvia may retry the charge and suspend access to paid features until the account is settled.

Coupons and promotional conditions have their own validity, quantity and rules, and may be ended at any time, with no effect on purchases already made.

5. Cancellation, withdrawal and refunds

The User may cancel the subscription at any time. Cancellation stops future charges and access to paid features remains until the end of the period already paid, with no pro rata refund, unless the law provides otherwise.

Under article 49 of the Brazilian Consumer Protection Code, an individual User who subscribes outside a place of business may withdraw from the purchase within 7 calendar days of payment confirmation, with a full refund of the amount paid.

Outside the case above, amounts already paid are not refunded, except in case of a proven improper charge or a Fouvia failure that permanently prevents use of the contracted features.

Cancellation and refund requests must be made through the application or by email to contato@fouvia.com.

6. User Content and responsibility for recordings

User Content belongs exclusively to the User. Fouvia claims no right over it and does not use it to train models, for advertising or for any purpose of its own.

Recordings are saved on the User device. Fouvia does not receive, host or have access to the recorded content, except when the User voluntarily triggers features that depend on remote processing, as described in the Privacy Policy.

The User is solely and fully responsible for what they record, edit, export and publish, and answers for it civilly and criminally.

It is solely up to the User to obtain, before recording, every authorization required from participants, copyright holders, employers, clients and anyone else involved, as well as to observe the law on recording conversations, professional secrecy, personal data protection, intellectual property and image rights.

Fouvia does not monitor User Content and has no technical means to do so. No complaint, notice, lawsuit or loss arising from content recorded by the User may be attributed to Fouvia.

7. Acceptable use

It is forbidden to use the Application to: (a) record people without the authorization required by law; (b) capture confidential, banking or professionally privileged information without legitimacy; (c) reproduce or distribute copyrighted work without authorization; (d) produce content that incites violence, discrimination, hatred or any unlawful practice; (e) produce sexual material involving minors or any person without consent; (f) commit fraud, scams, phishing or spread malicious software; (g) violate third party rights of any nature.

Once a violation is found, Fouvia may suspend or terminate the account immediately, with no refund, and cooperate with authorities where legally required.

8. Artificial intelligence features

Some features, such as audio transcription, automatic captions and silence removal, depend on processing by third party services. These features only run when triggered by the User.

Automatically generated results may contain errors, omissions or inaccuracies. They are provided as editing support and do not replace human review.

The User must not rely on these results as a single source in medical, legal, financial or safety contexts, or in any situation where an error could cause harm. Fouvia is not liable for decisions made on the basis of automatically generated content.

9. Intellectual property

The Application, its code, interface, brand, logo, visual identity, documentation and other elements are owned by Fouvia and protected by intellectual property law.

Materials made available inside the Application, such as backgrounds, icons and sounds, are licensed for use in the productions of the User, with no right to resell, redistribute or use the original content on its own.

Suggestions and feedback voluntarily sent by the User may be used by Fouvia to improve the product, creating no obligation of payment or confidentiality.

10. Availability, updates and product changes

The Application is provided as is and as available. Fouvia does not guarantee uninterrupted, error-free operation, or compatibility with every hardware, operating system or peripheral configuration.

Fouvia may publish updates and modify, suspend or discontinue features, in whole or in part, to fix defects, meet legal requirements, improve security or evolve the product.

If an essential Pro Plan feature is permanently discontinued, the User may cancel the subscription and receive a pro rata refund for the paid period not enjoyed.

Features that depend on external servers, including authentication, subscription verification and audio processing, may become temporarily unavailable due to maintenance or third party failure.

11. Backup and data loss

Recordings and projects are stored on the User device. Keeping, backing up and preserving those files is the sole responsibility of the User.

Fouvia keeps no copy of User Content and has no way to recover it in case of deletion, hardware defect, operating system failure, formatting, loss or theft of the equipment.

12. Limitation of liability

To the maximum extent permitted by applicable law, Fouvia is not liable for indirect damages, lost profits, lost opportunity, data loss, business interruption, reputational harm or losses arising from the use or the inability to use the Application.

The total liability of Fouvia, for any cause and across all claims combined, is limited to the amount actually paid by the User in the 12 months preceding the triggering event.

Fouvia is not liable for acts of third parties, including failures of payment processors, cloud providers, operating systems, drivers, capture devices and artificial intelligence services.

Nothing in these Terms excludes liability that mandatory law does not allow to be set aside, especially in consumer relationships.

13. Indemnity

The User undertakes to defend, indemnify and hold Fouvia harmless from any loss, damage, cost, attorney fee, fine or judgment arising from: (a) breach of these Terms; (b) violation of third party rights; (c) content recorded, edited, exported or published by the User; (d) use of the Application in breach of applicable law.

14. Suspension and termination

The User may close the account at any time, which ends the license to use paid features.

Fouvia may suspend or terminate access, with notice whenever possible, in case of breach of these Terms, non-payment, fraudulent use, court order or legal requirement.

Termination does not affect obligations already incurred nor the files the User keeps on their device.

15. Changes to these Terms

These Terms may be changed to reflect legal, technical or business changes. The version in force is always available inside the Application and at https://fouvia.com.

Relevant changes will be communicated with reasonable notice. Using the Application after the new version takes effect means agreement with the updated text. Anyone who disagrees may cancel the subscription before renewal.

16. General provisions

Tolerating a breach of any obligation implies neither novation nor waiver of any right.

If any clause is held invalid, the remaining ones stay in full force.

The User may not assign their contractual position without written authorization from Fouvia. Fouvia may assign this contract in case of corporate reorganization, merger, acquisition or sale of assets, preserving the rights of the User.

These Terms, together with the Privacy Policy, constitute the entire agreement between the parties on the subject dealt with here.

17. Governing law and jurisdiction

These Terms are governed by the laws of the Federative Republic of Brazil.

Disputes will be settled by the Brazilian courts, observing the legal rules on jurisdiction. Consumers keep the right to file suit in the courts of their own domicile, under the Brazilian Consumer Protection Code.

18. Contact

Questions about these Terms can be sent to contato@fouvia.com.