Terms of Use

1. Acceptance of Terms

By accessing and using Pandami ("Platform", "Service" or "App"), operated by PandaHan ("we", "our" or "Company"), you agree to comply with and be bound by the following Terms of Use.

If you do not agree with any part of these terms, you must not use our Platform.

2. Service Description

2.1 What we offer

Our Platform offers:

• Client management system for barbershops
• AI-assisted visagism (face-shape) analysis
• Generation of haircut simulations through AI image manipulation
• Appointment history storage
• Personalized haircut reports
• Streamlined communication between barbers and clients

Note: The Service is currently in Beta/MVP phase, subject to ongoing improvements and adjustments.

2.2 Modes of Use

• Full Visagism Form: Detailed analysis with multiple questions
• Simplified Mode: Direct description of the desired cut without a form

3. Registration and Account

3.1 Requirements

• You must be at least 18 years old or of legal age in your jurisdiction
• Provide true, accurate and complete information
• Keep your password and account secure
• Immediately notify us of any unauthorized use

3.2 User Types

• Establishment: The barbershop that contracts the service
• Professional: The barber authorized by the establishment
• End Client: The person who receives the barbershop's services

4. Subscription and Payment

4.1 Subscription Model

• The Service operates on a monthly/annual subscription basis
• Available plans: Basic/Professional/Premium
• Prices and features as per the pricing table currently on the site

4.2 Billing

• Advance payment via credit card, bank slip (boleto) or PIX
• Automatic renewal at the end of the period
• Annual adjustment based on IPCA or an agreed index

4.3 Cancellation

• Cancel at any time
• Access maintained until the end of the paid period
• No cancellation fees or penalties
• Data kept for 60 days after cancellation for reactivation

5. Permitted Use

5.1 You may:

• Access and use the Service for legitimate business purposes
• Store client data with consent
• Generate reports and simulations for professional use
• Share results with clients upon authorization

5.2 You may NOT:

• Use the Service for illegal or unauthorized purposes
• Violate privacy or intellectual property rights
• Transmit viruses or malicious code
• Reverse-engineer or copy the Service
• Resell or sublicense access
• Use it to build a competing product
• Manipulate images for purposes unrelated to haircuts

6. Intellectual Property

6.1 Our Property

• Software, algorithms, interface and brand are the Company's property
• AI models and processing technology are proprietary
• Content generated by the system remains licensed for use

6.2 Your Property

• You retain rights over the data you input
• Client photographs remain the property of the clients themselves
• Notes and observations you create

6.3 License to Use

• We grant a limited, non-exclusive and non-transferable license
• You grant us a license to process your data as necessary
• We have the right to use anonymized data to improve the service

7. Artificial Intelligence

7.1 How It Works

• We use AI for facial analysis and recommendations
• Processing via Azure and proprietary technologies
• Results are suggestions, not guarantees

7.2 Limitations

• AI may produce inaccurate results
• Simulations are visual approximations
• The final decision always rests with the professional and client

7.3 Continuous Improvement

• Anonymized data may be used to train models
• Feedback is used for improvement
• Periodic algorithm updates

8. Responsibilities

8.1 Our Responsibilities

• Use best efforts to keep the Platform operational
• Protect data according to security standards
• Provide technical support during business hours
• Regularly update and improve the service
• Notify in advance about scheduled maintenance

8.2 Your Responsibilities

• Obtain client consent for photos and data
• Use the service ethically and legally
• Maintain confidentiality of third-party data
• Ensure the accuracy of the information you provide

8.3 Disclaimer of Liability

We are NOT responsible for:

• Aesthetic results of the haircuts performed
• End-client satisfaction
• Indirect business losses
• Incorrect interpretation of AI suggestions
• Misuse of the tools
• Interruptions arising from the Beta/MVP phase
• Bugs or errors during development

9. Limitation of Liability

Under no circumstances shall the Company be liable for indirect, incidental, special, consequential or punitive damages, including loss of profits, data, use, goodwill or other intangible losses.

Our total liability will not exceed the amount you paid in the last 12 months.

10. Indemnification

You agree to defend, indemnify and hold the Company harmless from any claim, damage, obligation, loss, liability, cost or debt, and expenses arising from:

• Your use of the Service
• Violation of these Terms
• Violation of third-party rights
• Improper use of client data

11. Privacy and Data Protection

11.1 Legal Compliance

• We operate in accordance with the LGPD (Brazil) and GDPR (EU)
• The Privacy Policy is incorporated into these Terms
• Processing is based on appropriate legal bases

11.2 Security

• End-to-end encryption
• Secure cloud servers
• Regular security audits

12. Service Modifications

We reserve the right to:

• Modify or discontinue features
• Change prices with 30 days' notice
• Update technical requirements
• Implement new features

13. Termination

13.1 By You

• Cancel at any time
• Request via dashboard or email

13.2 By Us

We may suspend or terminate your access for:

• Violation of the Terms
• Fraudulent activity
• Non-payment
• Court order

13.3 Effects of Termination

• Access terminated immediately
• Data available for download for 30 days
• No right to a prorated refund

14. Service Availability

14.1 Service Level

• The Company will use commercially reasonable best efforts to keep the Service available
• Scheduled maintenance: notified 48 hours in advance
• Technical support: business days, business hours (9am to 6pm BRT)
• Beta/MVP phase: No specific availability guarantees

14.2 Force Majeure

We are not responsible for unavailability caused by:

• Natural disasters
• Government actions
• Third-party failures (internet, power)
• Cyberattacks

15. Communications

15.1 Notices to You

Via your registered email or an in-App notification

15.2 Notices to Us

Email: juridico@pandami.com.br

Address: Florianópolis, Santa Catarina, Brazil

16. General Provisions

16.1 Governing Law

These Terms are governed by the laws of Brazil

16.2 Jurisdiction

The courts of Florianópolis, Santa Catarina are elected to resolve any disputes

16.3 Entire Agreement

These Terms constitute the entire agreement between the parties

16.4 Assignment

You may not assign or transfer these Terms

16.5 Severability

If any provision is found invalid, the remaining provisions remain in effect

16.6 Waiver

No waiver will be valid without a written agreement

17. Definitions

• "AI": Artificial Intelligence
• "Visagism": Facial analysis technique for aesthetic harmonization
• "Biometric Data": Unique physical characteristics (face)
• "Platform": The set of software and services offered
• "User": Any person who accesses the Service

18. Support and Contact

Technical Support

• Email: suporte@pandami.com.br
• In-App Chat: Business hours
• Knowledge base: help.pandami.com

Business Inquiries

• Email: comercial@pandami.com.br

Legal Inquiries

• Email: juridico@pandami.com.br

19. Beta Program and Experimental Features

19.1 MVP/Beta Phase

The Service is currently in MVP (Minimum Viable Product) phase:

• Features under continuous development and refinement
• Possible interruptions for improvements
• User feedback is essential to its evolution
• No specific performance or availability guarantees

19.2 Experimental Features

We may offer access to features that are still being tested:

• Use at your own risk
• No functionality guarantees
• Feedback is encouraged
• May be modified or discontinued

20. Acceptance and Effective Date

By clicking "Accept", creating an account, or using the Service, you confirm that:

• You have read and understood these Terms
• You have the legal capacity to enter into this agreement
• You agree to all the provisions

Effective Date: September 19, 2024