These Terms of Use establish the general conditions for using the Trilha CuboPlus system, a SaaS (Software as a Service) learning management platform (intelligent LMS) with AI-automated learning path generation, offering digital capsule infrastructure and tenant-isolated data vaults.
The system is owned and operated by Cubotimize Soluções em Inteligência Tecnológica LTDA, headquartered at Av. Rio Branco, 26, Centro – Rio de Janeiro/RJ, ZIP: 20090-001, registered under CNPJ No. 25.002.129/0001-60 (holder of the CuboPlus registered trademark and cubo.plus domain).
By registering and using the platform, your company (hereinafter referred to as Tenant or Client) agrees to comply with and respect these Terms of Use, as well as applicable legislation. If you disagree with any of the terms and conditions set forth herein, the Client should not complete the contracting or use the system.
1. Legal Representation: By completing company registration, the user declares having legal authority or express authorization to contract on behalf of the legal entity.
2. Access Security: The Client is solely responsible for the security of their access credentials, being liable for any acts or omissions carried out by their authorized managers, employees, and students on the platform.
3. Account Usage Rights: Access is strictly limited to the number of active users contracted in the chosen plan. The account may not be shared or sublicensed to third parties without prior written authorization from Cubotimize.
4. Acceptable Use of Storage and Media (Backup Prohibition): The platform offers resources for using video media (external YouTube videos — BYOV — on all plans and, on request on the Custom Enterprise plan, native video hosting) and attaching support files linked to learning paths (stored in Cloudflare R2 for download by students). These resources are exclusively intended for pedagogical and training purposes. It is strictly prohibited to use the platform's storage space as a generic file repository, virtual disk, corporate/personal backup, or file sharing unrelated directly to active learning paths in the system. Cubotimize reserves the right to audit atypical storage volumes and suspend or remove files that violate this directive. Video Hosting and Streaming Allowance: when native video hosting is contracted on request on the Custom Enterprise plan, it becomes subject to two consumption metrics, aligned with the streaming provider's pricing model (Cloudflare Stream), which charges both for the volume of video stored and for the volume actually watched (delivered to students): (a) video storage capacity; and (b) a monthly allowance of minutes watched by students. Both metrics are defined in the contract. The monthly allowance of watched minutes renews each cycle and is not cumulative. Once the storage or watched-minutes limits are reached, Cubotimize may bill the excess on a post-paid (pay-as-you-go) basis, according to the quota defined in the contract. These limits are intended to ensure the sustainability of the service given the streaming provider's usage-based pricing, without prejudice to the prohibition on use as a backup repository described above.
5. Corporate Authentication via Google Workspace (Google Sign-in): The platform makes available on all plans corporate authentication via Google Workspace using the OAuth 2.0 protocol (Google Sign-in). By opting for this login method, the user authorizes the platform to receive from Google's identity provider the public profile data associated with their corporate Google Workspace account (full name and corporate email address), exclusively for authentication and profile creation/linking in the Tenant's digital capsule. No additional Google account data (such as Google Drive files, contacts, or browsing history) is accessed or stored by the platform. The authentication flow is processed directly by Google's servers (accounts.google.com), and is subject to Google's Privacy Policy (https://policies.google.com/privacy).
6. User Registration Responsibility: The Client, through their administrator user(s), is solely responsible for creating, managing, and ensuring the accuracy of manager, employee, and student registrations in their capsule, as well as having an adequate legal basis (consent or another LGPD provision) to insert those persons' data into the platform. As the Data Controller (art. 5, VI, of LGPD), it is the Client's responsibility to obtain the necessary authorizations — including, when applicable, for apprentices or interns — and to ensure the lawfulness of processing, with Cubotimize acting exclusively as Processor (art. 5, VII), as instructed by the Client. Cubotimize is not responsible for the legality or accuracy of registrations performed by the tenant administrator.
7. Online Registration, Corporate Email and Account Address: Online registration requires a valid corporate email (personal provider emails are not accepted) and the choice of a unique address in the format {slug}-trilha.cubo.plus. The Client declares having the right to use the chosen name/address and is liable for any infringement of third-party trademarks or rights.
8. Account Creation Does Not Grant Access (Pending Activation): Creating an account during online registration does not, by itself, grant the right to use the Platform. Access to the dashboard and the learning (LMS) environment depends on the paid subscription of a plan; until the subscription is activated, the account remains in pending activation (paywall), with access restricted to the plans, payment, and support screens.
9. Non-Activated Accounts (Removal for Inactivity): Accounts created and not activated — that is, without a contracted plan — may be removed after 30 (thirty) calendar days from registration, with deletion of the associated personal data, in accordance with the LGPD; reminders are sent by email before removal. This removal of non-activated registrations is distinct from termination for non-payment (clause 4.4), which applies to already active subscriptions.
10. Two-Factor Authentication (2FA): After account activation, two-factor authentication (2FA) is mandatory for administrator users, via an authenticator app (for example, Google Authenticator, Microsoft Authenticator, Authy, or 1Password), as an access security measure.
3.1 Client Content Ownership (Copyright):
3.2 Platform Intellectual Property:
4.1 Payment Methods and Billing:
4.2 Trial Period, Subscription & Cancellation (Annual Contract):
All Trilha CuboPlus corporate subscriptions follow an annual subscription model with monthly recurring billing in 12 (twelve) cycles, tied to a 12-month contract. Clarification: this is a recurring subscription (one monthly charge per cycle) and not a credit card installment (which would block the full annual amount from the credit limit at once). Any commercial references to "12x" exclusively designate this monthly recurrence model. Alternatively, the Client may opt for upfront annual payment (1×), with 10% (ten percent) discount on the annual amount:
1. 7 Days Free, No Credit Card (Trial Period): The Client may try the platform free for 7 (seven) calendar days, without needing to register a credit card. No charge is made during this period; to end it, simply do not convert the trial into a subscription. Conditional Grant (Commercial Courtesy): the trial period is a commercial courtesy and is subject to prior approval by Cubotimize, according to its internal and commercial strategy criteria, with Cubotimize reserving the right to not grant the trial period, at its sole discretion, without needing to present justification for refusal. Non-Conversion Form (Voluntary): once the trial is approved and used, if the Client opts not to convert the evaluation into a subscription, the admin user is invited to voluntarily complete a brief form stating the reasons for non-contracting — whose responses will be handled in accordance with the Privacy Policy and LGPD, exclusively for service improvement purposes, and which does not constitute a contractual obligation or a condition of any kind for ending the trial period. Limited Evaluation Environment: the trial period is made available in an evaluation environment, which may have reduced features compared to paid plans — including limits on AI credit quota and the number of employees/users enabled — as defined by Cubotimize and subject to change by commercial strategy.
2. Penalty-Free Cancellation within 30 Days of Registration (B2B Protection): If the Client subscribes and wishes to withdraw, they may cancel without a penalty fee within 30 (thirty) calendar days from the initial registration date — a period voluntarily granted by Cubotimize as additional B2B protection, exceeding the 7-day withdrawal period provided in art. 49 of the Brazilian Consumer Defense Code for contracts concluded outside the establishment (a provision applicable to B2C consumer relationships), without such reference implying recognition of a consumer relationship between the parties. Under monthly recurring billing, the remaining monthly fees of the annual contract are canceled without penalty; under upfront annual payment, the amount is refunded according to the current commercial policy, minus the period effectively used. Voluntary Feedback (Continuous Improvement): to help us identify withdrawal reasons and continuously improve our services, we invite the admin user to voluntarily complete a brief form explaining the reasons for non-contracting. Completing the form is entirely optional and does not constitute a condition for exercising cancellation or for any refund, which remain fully assured regardless of the response; information collected will be handled in accordance with the Privacy Policy and LGPD.
3. Loyalty After 30 Days: After the 30-day period from registration, the annual contract is consolidated and the 12 (twelve)-month commitment becomes enforceable. Early Termination Penalty: early cancellation before the end of the 12-month period subjects the Client to a pre-fixed compensatory penalty (liquidated damages, arts. 408 et seq. of the Civil Code) equivalent to 30% (thirty percent) of the sum of remaining monthly fees — that is, the installments remaining between the cancellation date and the end of the 12-month cycle. As it applies to the outstanding balance, the penalty automatically decreases as the contract progresses, in accordance with the proportionality of art. 413 of the Civil Code. Calculation by payment modality: (a) Monthly recurring — the penalty equals 30% × (monthly fee amount × number of remaining months), charged in a single installment upon termination; (b) Upfront annual payment — the Client receives a refund proportional to the months not used, minus the 10% discount granted in proportion to the months effectively used (whose consideration was the annual commitment) and the 30% penalty on the remaining monthly fees. In any event, the penalty amount shall not exceed the remaining principal obligation (art. 412 of the Civil Code).
4.3 Price Adjustment, Renewal & Feature Evolution:
Trilha CuboPlus plan subscriptions and billing follow these contractual guidelines for annual adjustment and commercial evolution:
1. Annual IPCA Adjustment: On each subscription's annual anniversary (end of the 12-month cycle and contractual renewal), the contracted plan's monthly amount may be updated and adjusted based on the accumulated IPCA (Brazil's broad consumer price index) variation from IBGE over the last 12 months, provided this index is positive. If the accumulated index for the period is negative or zero, the base monthly fee will be fully maintained without change.
2. Adjustment for Third-Party Cost Increases and Infrastructure Evolution: If essential third-party providers of the platform ecosystem — including Artificial Intelligence providers (Google AI Studio / Vertex AI) and hosting and server infrastructure providers — materially increase their prices or operating costs, or if Cubotimize incorporates substantial new high-value features or additional AI modules whose adoption generates a documented and proven increase in infrastructure operating costs, the plan's monthly fee may be adjusted proportionally to the cost impact incurred. Such adjustment only takes effect from the annual contract anniversary (renewal of the 12-month cycle), never during an already contracted period; and Cubotimize will maintain documentation of third-party cost increases as justification for any adjustment based on this clause, available for the Client's review upon formal request.
3. Adjustment for AI Model Pricing Changes: As path generation depends on third-party AI models (Google), if the providers of those models materially change their pricing, Cubotimize may adjust the monthly fee proportionally to the cost impact, also from the annual contract anniversary and subject to the notice provided in item 4.
4. Mandatory 30-Day Prior Notice: In any event of price change (whether by the annual IPCA adjustment, the structural product feature evolution, or the AI model pricing change), Cubotimize will formally notify the Client with at least 30 (thirty) days' advance notice. This communication will occur automatically by email to the account's financial manager and through a persistent visual alert within the tenant's administration area.
5. Effect Only at Renewal and Right Not to Renew: The adjustments provided in this clause 4.3 (except IPCA, which accompanies the annual renewal) only take effect from the annual renewal (new 12-month cycle), never during an already contracted period. The Client who disagrees with the adjustment may choose not to renew the subscription, notifying Cubotimize before the end of the current cycle, without any penalty — since the loyalty penalty of clause 4.2 applies exclusively to early termination during the 12 months, not to non-renewal.
6. Optional Modules and Features (Add-ons — No Forced Adjustment): New high-value features and functionalities developed by Cubotimize may, at Cubotimize's discretion, be made available as individually purchasable optional modules (add-ons), outside the scope of the mandatory adjustments provided in items 1 to 3 of this clause. Under this modality: (a) the contracted base plan value remains unchanged — the Client is not required to pay for the additional module; (b) the module may be contracted by the Client at any time, per the current price table in the dashboard, with independent monthly billing cancellable at any time without penalty; and (c) not contracting the module does not constitute a breach of contract nor entitle the Client to any discount on the base plan. This clause preserves the Client's base plan cost predictability and eliminates the risk of adjustment based on subjective product valuation, restricting forced adjustments exclusively to objective, documented infrastructure and supplier cost impacts (items 2 and 3).
4.4 Non-Payment, Suspension & Reactivation:
In case of failure to pay the recurring monthly fee, Cubotimize adopts a progressive collection schedule, preserving the Client's access and data through a regularization window before any definitive measure:
1. Grace Period: Upon identifying a payment failure, new automatic collection attempts are made and the Client is notified by email and visual alert on the platform. During the grace period (up to 7 calendar days), access remains full.
2. Soft Suspension: If non-payment persists after the grace period, student and manager access to the study environment is suspended, but the account portal (conta-trilha.cubo.plus) remains accessible for the Client to regularize payment. Data remains fully preserved during suspension.
3. Reactivation: Upon payment confirmation, access is automatically reactivated without data loss.
4. Termination and Deletion: If no regularization occurs, and after the preservation window of up to 45 (forty-five) calendar days from the date of suspension has elapsed (for recovery/win-back purposes and compliance with legal obligations), the Client's digital capsule is deprovisioned and data is permanently deleted, in accordance with the Privacy Policy (Section 7). Suspension or termination does not waive the collection of any outstanding amounts, including the loyalty penalty provided in clause 4.2.
1. API Processing and Paid Plan: AI requests are securely and privately directed to Google's infrastructure, always on a paid (billed) plan, on all plans (including government and Custom Enterprise), via Google AI Studio (Gemini API) on the paid plan, in accordance with the Gemini API Terms of Service (https://ai.google.dev/gemini-api/terms); the infrastructure for this processing may be located outside Brazil. AI processing residency within national territory via Vertex AI (Google Cloud), with additional corporate governance (in accordance with Google Cloud Terms of Service — https://cloud.google.com/terms), is not part of the standard offering and may be evaluated upon request, only when required by contract, subject to a feasibility study and a specific commercial proposal.
2. AI Data Security (No Training): In accordance with Google's terms of service for paid use of these APIs, Google does not use the prompts, documents, or responses sent by the platform to train its AI models. Processing fully complies with Google's applicable terms of service, and data remains isolated within Trilha CuboPlus's operational pipeline.
3. Usage Metrics and Telemetry: Cubotimize executes the collection of aggregated telemetry metrics (API performance, file volume, pages processed, and feature clicks) to improve system stability and direct product improvements, without collecting student personal identification data (in strict compliance with LGPD). On the platform's public domains, we additionally use Google Analytics (analytics.google.com) for traffic analysis, in accordance with Google's Privacy Policy (https://policies.google.com/privacy).
4. AI Provider and Model Evolution: Cubotimize may, at its sole discretion, change the AI provider or model used, as well as adjust and adapt the platform's proprietary intelligent prompts, whenever there is a technical, feature improvement, or economic/financial viability motivation. Such changes preserve the security and privacy guarantees provided in these Terms (paid plan use, no model training with Client data) and maintain the focus on service quality and continuity. Any resulting cost impact from this evolution follows the adjustment rules of clause 4.3.
The courts of the Comarca of Rio de Janeiro/RJ, Brazil, are elected to resolve any disputes or litigation arising from these Terms of Use, with express waiver of any other, however privileged it may be.