Terms of Use
Last updated: 2026-05-07
These Terms of Use ('Terms') constitute a binding contract between you ('User', 'you') and VSB Serviços de Informação e Tecnologia Ltda. (CNPJ 36.997.903/0001-36) ('You BigDuckAI', 'we', 'us'), governing access to and use of you.bigduckai.com and related services (collectively, the 'Service'). Read carefully. By accessing or using the Service, you represent that you have read, understood, and accepted these Terms and our Privacy Policy in full. If you do not agree with any provision, DO NOT use the Service.
Acceptance and capacity
By accessing or using the Service, you express your irrevocable acceptance of these Terms and the Privacy Policy, which is incorporated by reference. You may use the Service only if you are capable, under the law of your country of residence, of entering into binding contracts. For users under 18, you represent that you have authorization from a legal guardian and use the Service under their supervision. If you accept these Terms on behalf of a company or other legal entity, you expressly represent that you have authority to bind it, and 'you' will refer to both the natural person and the legal entity represented. Acceptance of these Terms may be expressed by any unequivocal act, including mere access to the Service, account creation, checking an acceptance checkbox, completing a test, or making a payment.
Description and availability of the Service
The Service offers online tests for personality, self-knowledge, compatibility, and derived products (including current or future premium reports), exclusively for the purposes of self-reflection, entertainment, and personal development. The Service is provided 'AS IS' and 'AS AVAILABLE'. We reserve the right to modify, suspend, discontinue, or restrict, in whole or in part, any feature or the entire Service, at any time, with or without notice, without liability of any kind. We do not guarantee continuous availability, freedom from errors, accuracy or precision of results, compatibility with any specific device, browser, or software, nor freedom from interruptions for maintenance, updates, or due to external provider failures, malicious access, accidents, fortuitous events, or force majeure.
Account, credentials, and security
Some features require account registration. By registering, you agree to provide truthful, current, accurate, and complete information, and to keep it updated. You are solely responsible for: (a) maintaining the absolute confidentiality of your credentials; (b) restricting access to your account and devices; (c) all activity carried out through your account, whether authorized or not. Notify us immediately at contact@bigduckai.com of any unauthorized use, suspicion of compromise, or loss of credentials. We are NOT liable for loss, damages, or harm resulting from misuse of credentials, the User's failure to protect their account, or sharing of access. We reserve the right to suspend, restrict, or terminate accounts at our sole discretion in case of violation of these Terms, suspicion of fraud or abuse, activity inconsistent with the nature of the Service, prolonged inactivity, request from a competent authority, or for any reasonable reason, with or without prior notice.
Permitted use and prohibited conduct
You agree to use the Service only for lawful, personal, non-commercial purposes and in strict compliance with these Terms, applicable law, and good morals. The following are EXPRESSLY PROHIBITED, without prejudice to other restrictions: (a) using the Service for any unlawful, fraudulent, deceptive, or abusive purpose; (b) reverse engineering, decompiling, disassembling, or attempting to obtain the source code or internal structure; (c) extracting, copying, or mining data by automated means (scraping, crawling, harvesting) without our express prior written authorization; (d) introducing viruses, malware, malicious code, or any element that compromises the integrity, security, or performance of the Service; (e) interfering with, overloading, attacking, or attempting to compromise the availability or security of the Service; (f) circumventing, bypassing, or attempting to bypass authentication, payment, advertising display, usage limitation, paywall, or any other technical protection measure; (g) reselling, sublicensing, redistributing, licensing to third parties, or commercially exploiting, in whole or in part, any feature, content, or functionality of the Service; (h) using bots, scripts, or automated means to access the Service, except search engine crawlers obeying our robots.txt; (i) violating third-party rights, including intellectual property, privacy, image, voice, trade secrets, and copyrights; (j) submitting illegal, offensive, defamatory, obscene, discriminatory, or threatening content, or content that violates third-party rights, in any feedback, comment, or communication field; (k) impersonating others, falsifying identity, or creating multiple accounts in violation of these Terms; (l) using the Service for clinical, medical, psychiatric, psychological, educational, human resources, or legal decision-making about third parties. We reserve the right to investigate, monitor, and take any measures we deem appropriate in case of suspected violation, including cooperation with authorities, without prior notice.
Test results — mandatory disclaimers
YOU UNDERSTAND, ACCEPT, AND EXPRESSLY AGREE THAT: (a) the tests offered are NOT clinical instruments, do NOT constitute medical, psychiatric, psychological, mental health, or any clinical diagnosis, do NOT replace assessment by a qualified and licensed professional, and must NOT be used as the sole, primary, or even relevant basis for decisions regarding health, career, employment, relationships, legal matters, finance, parenting, or any other personally relevant matters; (b) results are generated from public-domain psychometric instruments, heuristic models, generative artificial intelligence, or combinations of these techniques, and may contain inaccuracies, statistical errors, cultural biases, limitations inherent to self-report, and deviations from any objective reality; (c) results reflect self-reported patterns at a specific moment and must NOT be interpreted as a definitive, permanent, objective, or scientifically proven description of your personality, capabilities, traits, disorders, or conditions; (d) any decision made on the basis of results is YOUR SOLE AND COMPLETE RESPONSIBILITY; (e) You BigDuckAI is NOT responsible for misinterpretation, misuse, emotional harm, mistaken decisions, financial losses, or consequences of any nature arising from decisions made based on results, even if serious or irreversible; (f) if you are experiencing psychological distress, suicidal ideation, self-harm, emotional crisis, or any risk situation, do NOT rely on this Service as a form of help. Seek immediate help from a qualified professional or emergency service: in Brazil, Centro de Valorização da Vida (CVV) at 188 or cvv.org.br; in the European Union, at 116 123; in the United States, at 988; in other countries, contact your local emergency service.
Intellectual property
All content, software, design, interface, brand, logo, images, illustrations, texts, narratives, code, scoring engines, database, share cards, layouts, sounds, videos, and other Service elements — except public-domain instruments explicitly credited and licensed third-party content — are the exclusive property of You BigDuckAI or licensed to us, protected by Brazilian Law No. 9,610/98 (Copyright), Law No. 9,279/96 (Industrial Property), the Civil Code, Directive (EU) 2019/790, and other applicable laws. We grant you a personal, limited, revocable, non-transferable, non-exclusive, and non-sublicensable license to access and use the Service strictly in accordance with these Terms. No other rights are granted by implication, estoppel, or otherwise. The following are prohibited without our prior express written authorization: copying, reproducing, modifying, adapting, translating, creating derivative works, distributing, publishing, transmitting, publicly displaying, sublicensing, selling, licensing, leasing, assigning, or commercially exploiting, in whole or in part, any element of the Service, even after anonymization or modification. The trademarks 'You BigDuckAI', 'BigDuckAI', and other distinctive signs are registered or pending registration, and use without authorization is prohibited. Public-domain psychometric instruments (such as the IPIP-NEO-120) are credited under their respective licenses and remain subject to original use conditions.
User Content and license granted
By submitting answers, feedback, comments, suggestions, messages, or any other content within the Service (collectively, 'User Content'), you grant You BigDuckAI a worldwide, perpetual, irrevocable, transferable, sublicensable at any level, royalty-free, fully paid-up, non-exclusive license to use, reproduce, copy, store, modify, adapt, translate, format, create derivative works, distribute, publish, transmit, publicly perform, display, commercialize, and otherwise exploit User Content in any media or support, known or to be invented, for any purpose, including but not limited to: (i) operating, improving, maintaining, and evolving the Service; (ii) training, validating, fine-tuning, and continuously improving artificial intelligence and machine learning models, our own or third-party, including generative models; (iii) scientific research, statistical studies, and development of new products; (iv) marketing, advertising, and promotion of the Service in any media; (v) analysis, classification, segmentation, and construction of predictive models; (vi) creation of anonymized, aggregated, or statistical derivatives for any use, commercial or otherwise. You expressly represent and warrant that: (a) you hold all rights, authorizations, and licenses necessary to grant this license; (b) the User Content does not violate third-party rights, applicable law, or moral rights; (c) you waive, to the maximum extent permitted by law, any moral, image, voice, or personality rights over the User Content and its derivatives; (d) You BigDuckAI is under no obligation to compensate you, under any hypothesis, for the use described. Revocation of this license is technically impossible for content already incorporated into AI models, aggregated datasets, or backups; it remains valid indefinitely for such uses.
Payments, subscriptions, and refunds
Premium features may be offered on a paid basis ('Paid Products'). Prices are stated before purchase and may be changed at our sole discretion, with no retroactive effect on completed purchases. Payments are processed by third parties, including Stripe, MercadoPago, and similar, subject to their respective terms. You represent that the payment data provided is truthful and that you are authorized to use it. For digital Paid Products, YOU EXPRESSLY CONSENT to immediate delivery upon payment confirmation and ACKNOWLEDGE that, in doing so, you EXPRESSLY WAIVE the 14-day right of withdrawal provided in Article 16(m) of Directive (EU) 2011/83 and equivalent national legislation, to the maximum extent permitted by applicable law. Refunds are granted at our sole discretion within 7 days of purchase, only and exclusively when the product purchased has not been accessed, downloaded, viewed, or in any way consumed, and at You BigDuckAI's discretion as to eligibility. Payment disputes (chargebacks) initiated without our prior attempt at amicable resolution may result in immediate account termination and out-of-court collection of the amounts due, plus interest, monetary correction, a 10% penalty, and attorneys' fees. Applicable taxes are the User's sole responsibility, except where expressly collected at source by us or our processors.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED 'AS IS' AND 'AS AVAILABLE', WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM USAGE AND CUSTOM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, UNINTERRUPTED OPERATION, TIMELINESS, OR SECURITY. WE DO NOT WARRANT THAT: (a) THE SERVICE WILL MEET YOUR NEEDS OR EXPECTATIONS; (b) RESULTS WILL BE PRECISE, RELIABLE, SCIENTIFICALLY VALID, OR FREE FROM BIAS; (c) THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (d) DEFECTS WILL BE CORRECTED; (e) THE SERVICE WILL BE FREE OF VIRUSES, MALWARE, OR HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES; IN SUCH CASES, THE EXCLUSIONS ABOVE APPLY TO THE MAXIMUM EXTENT PERMITTED, AND WARRANTIES THAT CANNOT BE EXCLUDED ARE LIMITED TO THE MINIMUM DURATION REQUIRED BY LAW.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOU BIGDUCKAI, ITS PARTNERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, AGENTS, SUPPLIERS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER NON-DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION: LOST PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, MORAL DAMAGES, DAMAGE TO IMAGE OR REPUTATION, AESTHETIC OR EXISTENTIAL HARM, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OR SHOULD REASONABLY HAVE FORESEEN THEM. OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICE, THESE TERMS, OR ANY FACT OCCURRING BEFORE ANY EVENTUAL RULING IS LIMITED TO THE GREATER OF: (i) THE AMOUNT YOU ACTUALLY PAID TO YOU BIGDUCKAI IN THE 12 (TWELVE) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (ii) ONE HUNDRED EUROS (EUR 100.00) OR THE EQUIVALENT IN BRAZILIAN REAIS ON THE DATE OF THE EVENT. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY INVOKED, INCLUDING CONTRACT, TORT, STRICT, OR STATUTORY LIABILITY, AND SURVIVES TERMINATION OF THESE TERMS. NOTHING IN THESE TERMS LIMITS LIABILITY FOR: (a) WILLFUL MISCONDUCT OR FRAUD; (b) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (c) LIABILITIES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to indemnify, defend, and hold harmless You BigDuckAI, its partners, directors, employees, service providers, agents, affiliates, and licensors (collectively, 'Indemnified Parties') from and against any claims, demands, actions, lawsuits, losses, damages, obligations, costs, fines, and expenses, including reasonable attorneys' fees and court costs, arising from or related to: (a) your access to or use of the Service in violation of these Terms; (b) violation of third-party rights by your conduct, omission, or User Content; (c) violation of applicable laws, regulations, or court orders; (d) decisions made on the basis of test results, with or without our guidance; (e) false, incomplete, or misleading statements or information provided by you; (f) willful or negligent acts or omissions on your part; (g) chargebacks or payment disputes initiated in violation of these Terms. The Indemnified Parties reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you will reasonably cooperate in such defense, providing information, documents, and testimony upon request.
Suspension and termination
We may suspend, restrict, limit, or terminate your account and access to the Service, in whole or in part, at any time, with or without cause, with or without notice, at our sole discretion, including without limitation: (a) violation of these Terms or the Privacy Policy, even on reasonable suspicion; (b) suspicion of fraud, abuse, illegal activity, activity inconsistent with the nature of the Service, or manipulation of Service mechanisms; (c) initiation of chargeback, payment dispute, or judicial blocking order on transactions; (d) prolonged account inactivity; (e) discontinuation of the Service, specific features, or business model adjustment; (f) request from a competent authority; (g) technical, legal, or economic impossibility of continuing to operate for you. Termination shall NOT confer the right to a refund of amounts paid, except where applicable law expressly requires. Provisions that, by their nature or express provision, must survive termination, including those relating to intellectual property, disclaimer of warranties, limitation of liability, indemnification, governing law, venue, dispute resolution, and license over User Content, will remain in full force after termination. You may terminate your account at any time through account settings or a request to contact@bigduckai.com, subject to data retention as set forth in the Privacy Policy.
Changes to these Terms
We reserve the right to modify, supplement, update, or replace these Terms at any time, at our sole discretion, to reflect changes in the Service, practices, partners, or legal requirements. Changes take effect on the 'Last updated' date at the top of this page. Material changes will be flagged via prominent notice in the Service or email to account holders at least 30 days before they take effect, except where the law requires a different period or in cases of urgency (including security risks or regulatory requirements) where immediate effect is permissible. CONTINUED USE OF THE SERVICE AFTER THE EFFECTIVE DATE CONSTITUTES IRREVOCABLE ACCEPTANCE OF THE CHANGES. If you do not agree, you must discontinue use before the effective date. The most current version of the Terms supersedes prior versions and any communications to the contrary.
Governing law, venue, and dispute resolution
These Terms are governed by and construed in accordance with the laws of the Federative Republic of Brazil, excluding conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods, except for consumer protections deemed mandatory and that cannot be displaced by the law of the User's country of habitual residence. For any dispute, controversy, or claim arising from or relating to these Terms, the Service, or the processing of data, the courts of the District of São Paulo, State of São Paulo, Brazil are designated as competent, with express waiver of any other, however privileged. For consumers residing in the European Union, the United Kingdom, Switzerland, or countries where mandatory consumer protection law allows, the right to bring action in the consumer's domicile is preserved as required by law. Before any legal action, the parties will use reasonable efforts to resolve amicably through direct negotiation, with formal notice by email to contact@bigduckai.com and a minimum 30-day period to attempt resolution, except in cases of urgency or where injunctive relief is required.
General provisions
(a) SEVERABILITY: if any provision of these Terms is held invalid, illegal, unenforceable, or inapplicable by a competent authority, the remaining provisions will continue in full force; the affected provision will be construed to reflect, to the maximum extent possible, the original intent of the parties, and may be replaced by a valid provision producing equivalent effect. (b) NO WAIVER: tolerance, failure, or delay in enforcing any provision does not constitute waiver of the corresponding right, which may be exercised at any time. (c) ASSIGNMENT: you may not assign, transfer, or delegate these Terms or any rights and obligations without our prior written authorization; we may freely assign or transfer, in whole or in part, by mere notice. (d) ENTIRE AGREEMENT: these Terms, the Privacy Policy, and other notices published in the Service constitute the entire agreement between the parties, superseding any prior or contemporaneous understandings, proposals, communications, or contracts on the same subject. (e) ELECTRONIC COMMUNICATIONS: you expressly agree to receive communications in electronic form (email, in-Service notifications), with legal effects equivalent to physical or registered form. (f) LANGUAGES: the English version of these Terms is provided for convenience; the Brazilian Portuguese version prevails over translations in case of divergence or ambiguity, except where otherwise required by mandatory consumer law. (g) FORCE MAJEURE: neither party shall be liable for non-performance arising from facts beyond its reasonable control, including fortuitous events, force majeure, government action, war, epidemic, telecommunications or power provider failure, cyberattack, or strike. (h) NOTICES: notices to You BigDuckAI shall be sent to contact@bigduckai.com; notices to you will be sent to the registered email or displayed in the Service, deemed received within 24 hours. (i) NO PARTNERSHIP: nothing in these Terms creates a partnership, joint venture, mandate, agency, representation, or employment relationship between the parties.