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Terms of Service

Informative translation. In case of conflict, the Brazilian Portuguese version shall prevail.

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Terms of Service — koda

Last updated: April 9, 2026 Version: 1.0

This English version is an informative translation. The authoritative version of these Terms is the Brazilian Portuguese version available at /terms. In case of conflict between the versions, the Brazilian Portuguese version shall prevail, as set out in Section 24.5.

1. Provider Identification

koda is a product developed and operated by:

KODA TECH SOLUTIONS LTDA CNPJ (Brazilian Corporate Taxpayer ID): 66.082.842/0001-48 Rua Agapito Veloso, 79 — Estreito, Florianópolis/SC — ZIP 88054-050 — Brazil Official website: https://usekoda.app General contact email: support@usekoda.app Data Protection Officer (DPO): dpo@usekoda.app

2. Purpose

2.1. koda is a desktop software platform (initially available for macOS, with a Windows version planned for future releases) that uses artificial intelligence to:

  • (a) Learn the User's photographic editing style from Adobe Lightroom catalogs or folders of edited images;
  • (b) Automatically apply that style to new photographs through local or cloud inference, depending on the contracted plan;
  • (c) Perform intelligent photo selection (culling) based on technical and aesthetic quality criteria;
  • (d) Generate segmentation masks (Subject, Background, Face Skin, Teeth, Sky) for localized editing;
  • (e) Automatically adjust framing (auto-straighten) when configured to do so.

2.2. koda operates through a desktop application installed on the User's device, with processing predominantly performed locally (on the device's own CPU/GPU). Some features rely on remote GPU servers, as detailed in Section 12 and in the Privacy Policy.

2.3. These Terms of Service ("Terms") govern access to and use of koda and constitute a binding contract between the User and Koda Tech Solutions LTDA. By creating an account or using the service, the User declares that they have read, understood and fully agreed to these Terms and to the Privacy Policy, which is an integral part of this instrument.

3. Definitions

For the purposes of these Terms:

  • "User": natural or legal person who creates an account and uses koda.
  • "User Content": photographs, Lightroom catalogs, EXIF metadata and other data provided by the User to koda through the application.
  • "AI Model" or "Personalized Profile": neural network individually trained for each User from their editing history.
  • "Platform": the koda desktop application and the associated cloud services operated by Koda Tech Solutions LTDA.
  • "Local Processing": execution of inference, training, mask segmentation and other operations on the User's physical device.
  • "Cloud Processing": execution of inference and/or training on remote GPU servers operated by third-party service providers.
  • "Editing Parameters": up to 129 numeric photographic adjustment values (exposure, contrast, clarity, HSL, color temperature, sharpening, among others), extracted from the Lightroom catalog or predicted by the AI Model.
  • "Thumbnail": low-resolution image, with dimensions of approximately 224×224 pixels and about 50 KB in JPEG format, generated locally from each photograph for training purposes.
  • "Preprocessed Image Tensor": numeric representation of a photograph at 224×224 pixel resolution, normalized by the DINOv2 extractor and encoded in float16, with an approximate size of 150 KB per photograph.
  • "Condition Vector": numeric vector of 120 dimensions containing color histogram, technical EXIF metadata (ISO, aperture, shutter speed, focal length, camera and lens) and semantic features derived locally.
  • "Biometric Data": technical information derived from faces present in the photographs, including facial landmark coordinates, numeric facial identity vectors and expression classifications, used exclusively for photographic editing and selection purposes.

4. Eligibility and Account

4.1. To use koda, the User must:

  • (a) Be at least 18 (eighteen) years of age or the age of majority in their jurisdiction;
  • (b) Have full legal capacity to enter into contracts;
  • (c) Provide true, complete and up-to-date information at registration.

4.2. Each account is personal and non-transferable. The User is fully responsible for all activities carried out under their account, including acts performed by third parties using their credentials.

4.3. The User must keep their access credentials confidential and notify koda immediately of any unauthorized use through the channels indicated in Section 26.

4.4. koda may suspend or terminate accounts that violate these Terms, subject to prior notice with a reasonable cure period, except in cases of material breach or immediate risk that justify immediate action.

4.5. The User may, at any time, edit their profile to include optional information such as phone number, country and photography genres they typically work with. These fields are provided voluntarily and used exclusively for product experience personalization, as detailed in the Privacy Policy.

5. Plans and Pricing

5.1. koda offers the following plans in the Brazilian market:

Plan Price (BRL) Photos edited/month Cloud trainings/month Devices Masks Editing mode
Trial Free for 30 days Up to 500 1 included 1 Subject + Background Local CPU
Starter R$ 197/mo Up to 2,000 1/mo 1 Subject + Background Local CPU
Pro R$ 397/mo Up to 5,000 2/mo 3 All 5 Cloud GPU
Studio R$ 697/mo Unlimited 5/mo 5 All 5 Cloud GPU

5.2. Annual plans offer a discount equivalent to 2 (two) free months (the User pays for 10 months and receives 12), billed in full at the time of subscription.

5.3. Intelligent photo selection (culling) is unlimited and included in all plans, including the Trial.

5.4. Prices may be changed subject to prior notice of at least 30 (thirty) days before the next renewal, sent by email to the registered address. Users who disagree with the new price will be entitled to cancel their subscription without penalty before the change takes effect.

5.5. All prices are presented in Brazilian Reais (BRL) and include taxes applicable to operations in Brazil. For Users residing outside Brazil, amounts may be presented in other currencies and subject to local taxes according to each country's legislation.

5.6. Details on limits, infrastructure and other commercial conditions are available at https://usekoda.app/pricing and are an integral part of these Terms.

6. Payment and Billing

6.1. Payments are processed by Stripe, Inc., a PCI-DSS Level 1 certified payments platform. koda does not store credit card numbers, security codes (CVV) or other billing data on its servers — these data remain exclusively in Stripe's custody.

6.2. Billing is recurring and automatic, at the contracted frequency (monthly or annual), starting from the date the paid plan is subscribed.

6.3. 7 (seven) day grace period on payment failure. If a recurring charge fails:

  • (a) koda will immediately notify the User by email;
  • (b) The User will keep full access to the contracted plan during the 7-day window counted from the first failure, treated as a "grace window";
  • (c) Stripe will automatically retry the charge during this period (typically up to 3 additional attempts at intervals determined by Stripe's algorithm);
  • (d) The User may update their payment method at any time through the Stripe Customer Portal, accessible from account settings;
  • (e) If the charge is settled within the window, the subscription is kept without any interruption;
  • (f) If the window expires without payment, access to the plan's features will be suspended until payment is regularized.

6.4. The redelivery by Stripe of the same payment-failure event does NOT extend the original 7-day window — the deadline is counted from the first registered failure.

6.5. The User may update their payment data at any time through the account settings or the Stripe Customer Portal.

7. Trial Period

7.1. New Users are entitled to a free trial period of 30 (thirty) days with access to the features of the Trial plan, without the need to register a credit card.

7.2. During the Trial, the User is entitled to 1 (one) included cloud training, up to 500 photographs processed by the editing pipeline, unlimited culling and Subject and Background masks.

7.3. At the end of the trial period, the User may:

  • (a) Subscribe to a paid plan to continue using the service; or
  • (b) Take no action, in which case access to Trial features will be suspended.

7.4. There is no automatic charge at the end of the Trial. Subscription to a paid plan requires an affirmative action by the User.

7.5. The Trial period is offered once per User. koda may refuse a new trial period to Users who have previously used a trial, including through other accounts.

8. Right of Withdrawal

8.1. In accordance with Article 49 of the Brazilian Consumer Defense Code (Law 8.078/1990), the natural-person User resident in Brazil may withdraw from the contract within 7 (seven) calendar days counted from the date of subscription of the paid plan, without any need to state reasons.

8.2. To exercise the right of withdrawal, the User must contact koda through:

  • Email: support@usekoda.app
  • Support channel within the application, at Settings → Account → Support

8.3. The refund will be full and processed through the same payment method used in the subscription, within up to 10 (ten) business days from confirmation of the request.

8.4. For Users residing in the European Union or the European Economic Area, the 14 (fourteen) day period set out in Directive 2011/83/EU (Consumer Rights Directive) additionally applies, except where the digital service has been fully provided with the consumer's prior express agreement.

8.5. For Users in other jurisdictions, the right of withdrawal is governed by the applicable local legislation.

9. Cancellation and Refund

9.1. The User may cancel their plan at any time through the account settings or by contacting support through the channels indicated in Section 26.

9.2. Cancellation takes effect at the end of the period already paid (monthly or annual). The User keeps full access to the contracted plan's features until that date.

9.3. There is no pro-rata refund for the unused period after the 7 (seven) days of the right of withdrawal set out in Section 8, except in the following cases:

  • (a) Substantial and proven unavailability of the cloud service for more than 72 (seventy-two) consecutive hours not attributable to external factors;
  • (b) Judicial or administrative order;
  • (c) Commercial decision by koda, at its sole discretion, applied in a non-discriminatory manner.

9.4. After cancellation, the User's data will be retained in accordance with Section 21 (Data Retention) and the Privacy Policy. The User may reactivate the subscription during the retention period and fully recover their profiles, models, projects and settings.

10. Automatic Renewal

10.1. Paid plans are automatically renewed at the end of each subscription period at the then-current price, or at an updated price if previously communicated under Section 5.4.

10.2. koda will send a reminder email to the User at least 5 (five) days in advance of the renewal, containing:

  • (a) The amount to be charged;
  • (b) The renewal date;
  • (c) Clear instructions for cancellation.

10.3. The User may disable automatic renewal at any time before the renewal date, without penalty, through the account settings or the Stripe Customer Portal.

11. Intellectual Property

11.1. koda Property

The koda software — including its source code, algorithms, base artificial intelligence models, neural network architecture, graphical interface, brand, logo, associated documentation and all related rights — is the exclusive property of Koda Tech Solutions LTDA, protected by Law 9.609/1998 (Software), Law 9.279/1996 (Industrial Property), Law 9.610/1998 (Copyright) of Brazil and applicable international treaties.

11.2. User Content

The User retains full and exclusive title to all their Content, including:

  • (a) Original photographs in any format (RAW, JPEG, HEIC, DNG, TIFF, among others);
  • (b) Adobe Lightroom catalogs (.lrcat files and derivatives);
  • (c) EXIF metadata, XMP sidecars and pre-existing editing adjustments;
  • (d) Any derivative works created by the User using koda.

koda does not claim any rights over User Content, does not use it for marketing purposes, does not license it to third parties and does not incorporate it into promotional materials without specific, express and written authorization obtained separately from these Terms.

11.3. Affirmative Guarantees Regarding User Photographs

koda expressly commits to never:

  • (a) Publicly display, distribute, sell, rent or sublicense User photographs to third parties;
  • (b) Use User photographs in marketing materials, advertising or commercial presentations without specific written consent obtained through a channel separate from these Terms;
  • (c) Claim ownership over User photographs;
  • (d) Use photographs or editing data from one User to train general AI models that benefit other Users or third parties.

11.4. Individual AI Model (Personalized Profile)

The AI Model trained for each User:

  • (a) Is generated from the editing data of the User themselves, combined with koda's proprietary architecture;
  • (b) Is encrypted at rest using AES-256, with a key derived via HKDF-SHA256 from identifiers of the User themselves and of the training device. As a consequence of this architecture, the Model is inaccessible even to koda without the key derived from the User;
  • (c) Is for the exclusive use of the User who generated it, tied to their account and to the authorized devices of their plan;
  • (d) Will not be used to train other models, shared with third parties, commercialized, licensed or used for any purpose other than providing the service to the User who generated it;
  • (e) Will be deleted upon User request or within the periods set out in Section 21 and in the Privacy Policy.

11.5. Limited License to Use the Software

koda grants the User a personal, non-exclusive, non-transferable, non-sublicensable and revocable license to use the koda software during the subscription term, exclusively for the purposes described in these Terms. The detailed software license terms are in the End User License Agreement (EULA) available in the LICENSE file distributed with the software.

11.6. Use Restrictions

The User may not:

  • (a) Copy, modify, decompile, disassemble, reverse engineer or create derivative works of the koda software;
  • (b) Sublicense, rent, lend, resell or transfer access to the Platform to third parties;
  • (c) Extract, copy, redistribute or attempt to access AI Models, neural network weights, cryptographic dictionaries or any algorithmic components;
  • (d) Use koda to develop competing products or services, including training competing models using koda outputs;
  • (e) Remove, alter or obscure intellectual property notices present in the software;
  • (f) Use automated mechanisms (bots, scrapers, scripts) to access the Platform in an unauthorized manner;
  • (g) Circumvent, disable or interfere with security, licensing or subscription verification mechanisms.

11.7. Feedback and Suggestions

Any suggestions, comments or improvement ideas voluntarily sent by the User to koda may be used by koda without restriction and without any obligation of compensation, and the User remains free to use them as well.

12. Data Processing and Technical Flow

12.1. The processing of personal data by koda is governed by the Privacy Policy, which is an integral part of these Terms.

12.2. Local-First Principle. Photo processing occurs predominantly on the User's device. Original files (RAW, JPEG, HEIC, DNG and other formats) are never copied, transmitted or stored on koda servers or on its service providers' servers.

12.3. Cloud Processing — Precise Technical Description. In plans that include cloud processing (Pro and Studio) and in optional cloud training (available in all plans, subject to quota), only technical representations of the photographs are transmitted to the processing servers, never the original files. Specifically:

12.3.1. Cloud Training: koda extracts locally, for each photograph in the catalog used for training:

  • (a) Up to 129 numeric editing parameters (exposure, contrast, clarity, temperature, HSL, sharpening, among others);
  • (b) 40 interpolated tonal curve values;
  • (c) 120 derived numeric features (color histogram, technical EXIF metadata, semantic features);
  • (d) A 768-dimensional vector generated by the DINOv2 extractor (open-source pretrained neural network);
  • (e) A JPEG thumbnail of approximately 224×224 pixels (about 50 KB per photograph).

These data are locally compressed into a ZIP file (typically 20 to 60 MB) and sent via encrypted HTTPS connection (TLS 1.3) to temporary storage in Supabase Storage and then to the GPU processing service at RunPod, Inc. Upon completion of training, all temporary data is deleted from the intermediate servers.

Important notice about the 224×224 thumbnails: although these thumbnails have substantially lower resolution than the original file (preventing its reconstruction), they constitute visually recognizable representations of the photographed scene and may contain identifiable images of people, objects, locations and other elements present in the original photograph. By opting for cloud training, the User declares to be aware of this fact and to have the necessary authorizations from the depicted individuals, where required by applicable law.

12.3.2. Cloud Inference (Pro and Studio): When the User opts for editing processing on remote GPU servers, koda sends, for each photograph:

  • (a) A numeric tensor of 224×224 pixels in float16 format (approximately 150 KB per photograph), representing the photograph preprocessed and normalized by the DINOv2 extractor;
  • (b) A condition vector of 120 dimensions in float32 format, containing histogram, technical EXIF metadata and semantic features derived locally;
  • (c) A regime vector of 32 dimensions characterizing the general style of the photographic session;
  • (d) A temporary signed URL for the server to download the User's AI Model;
  • (e) Optionally, when the cloud masks feature is active, 224×224 JPEG thumbnails of the photographs for segmentation purposes (the same notice in item 12.3.1 about thumbnail recognizability applies here).

None of this data is persisted by the inference server after the response is returned to the koda client.

12.4. Data transmitted in the cloud travels exclusively over encrypted HTTPS connections using TLS 1.3. The complete list of service providers involved in cloud processing is published in the Privacy Policy, Section 6.

12.5. For a complete description of privacy practices, legal bases, data subject rights and procedures for exercising rights, the User should consult the Privacy Policy.

13. Biometric Data Processing

13.1. koda processes data that, in certain jurisdictions, may be classified as biometric. Specifically, koda's editing and selection pipeline executes:

  • (a) Face detection (locating faces within the photograph);
  • (b) Identification of characteristic facial landmarks (5 points per face);
  • (c) Generation of numeric facial identity vectors (ArcFace, 512 dimensions per face) used for grouping recurring people in the session ("VIP Faces");
  • (d) Facial expression classification (HSEmotion, outputting a continuous happiness score and expression class);
  • (e) Facial skin segmentation (Face Skin) for applying localized adjustments.

13.2. Local Biometric Processing by Default. All biometric processing described in item 13.1 occurs exclusively on the User's device, in volatile memory, without persistence to disk and without transmission to any server.

13.3. Exception — Cloud Masks (Pro and Studio). When the User, by explicit choice, activates the cloud mask generation feature available in the Pro and Studio plans, the 224×224 JPEG thumbnails of the photographs are transmitted to the GPU processing service at RunPod, Inc. for mask segmentation. These thumbnails may contain recognizable faces. The server-side segmentation is ephemeral and the data is discarded after the response.

13.4. Technical Nature of Biometric Data. The biometric vectors generated by koda:

  • (a) Are not used for personal identification (there is no identity database, there is no cross-reference with external sources);
  • (b) Are not shared with third parties nor stored on koda servers;
  • (c) Are not retained between processing sessions — they are generated on demand and discarded at the end of the session;
  • (d) Do not constitute a face database nor a biometric database within the meaning of Art. 5, II, "b" of the Brazilian LGPD or equivalents.

13.5. Legal Basis. The biometric processing described in this section is carried out:

  • In Brazil: on the basis of Art. 11, I of the LGPD (specific and highlighted consent), manifested by the User upon accepting these Terms and specifically activating the culling, face masks and VIP Faces features in the application. The User may, at any time, disable facial processing in the application Settings;
  • In the European Union: on the basis of Art. 9(2)(a) of the GDPR (explicit consent), manifested in the same manner;
  • In other jurisdictions: in accordance with applicable law, including the Illinois Biometric Information Privacy Act (BIPA) and the Texas Capture or Use of Biometric Identifier Act (CUBI), where applicable.

13.6. User Responsibility for Depicted Third Parties. Photographs processed by the User may contain images of third parties (models, clients, event guests, etc.). The User is the controller of those third parties' personal and biometric data for LGPD and GDPR purposes, and Koda Tech Solutions LTDA acts as the processor of such data exclusively within the technical limits of the service. The User is solely responsible for obtaining consent from the depicted individuals when required by applicable law and for responding to data subject requests regarding those photographs.

13.7. Right to Object. The User may, at any time, disable features that make use of biometric processing (VIP Faces, Face Skin, expression classification, face detection for composition) through the application Settings, without losing access to the other features of the contracted plan.

14. Availability and Service Level

14.1. koda will use commercially reasonable efforts to maintain the availability of cloud services. There is no guarantee of uninterrupted availability.

14.2. Local features (editing, culling, masks, auto-straighten) work fully without an internet connection after license activation, with an offline tolerance period of 72 (seventy-two) hours. Beyond that period without a new online verification, some features may require reconnection for subscription validation.

14.3. Scheduled maintenance will be communicated with a minimum advance notice of 24 (twenty-four) hours by email or in-app notification, except in cases of critical security fixes requiring immediate action.

14.4. koda will not be liable for interruptions arising from:

  • (a) Failures in the User's infrastructure (hardware, operating system, internet);
  • (b) Updates, changes or discontinuations of Adobe Lightroom that affect compatibility;
  • (c) Cases of force majeure;
  • (d) Actions by third parties outside koda's reasonable control, including failures or unavailability of the cloud service providers listed in the Privacy Policy.

14.5. In case of substantial unavailability of cloud services for a period exceeding 72 (seventy-two) consecutive hours, the User will be entitled to a pro-rata credit for the period of unavailability, to be applied to the next renewal or, at the User's discretion, refunded in cash through the same payment method used in the subscription.

14.6. The User may follow the operational status of cloud services at https://status.usekoda.app, where any incidents and maintenance events are published in real time.

15. Limitation of Liability

15.1. koda will not be liable for:

  • (a) Damages arising from inappropriate use of the software or use inconsistent with these Terms;
  • (b) Loss or corruption of data caused by failure in the equipment, operating system, network or other components under the User's custody;
  • (c) Results from automated editing or selection that do not meet the User's subjective expectations — the User retains final control over accepting, modifying or rejecting any AI result;
  • (d) Damages arising from use of outdated versions of the software when updates are available;
  • (e) Interruptions or limitations in third-party services (Adobe Lightroom, internet providers, payment services, cloud service providers).

15.2. To the extent permitted by applicable law, koda's total liability for any direct damages arising from these Terms or from use of the Platform shall not exceed the total amount paid by the User to koda in the 12 (twelve) months immediately preceding the event giving rise to the claim.

15.3. This limitation does NOT apply to:

  • (a) Damages arising from willful misconduct or gross negligence by koda;
  • (b) Violations of the User's intellectual property rights;
  • (c) Violations of personal data protection legislation (LGPD, GDPR or equivalents);
  • (d) Moral or material damages to personality rights;
  • (e) Rights that cannot be limited or excluded under the legislation applicable to the User, including rights provided for in the Brazilian Consumer Defense Code.

16. User Obligations

The User undertakes to:

16.1. Use koda in accordance with applicable law, with these Terms and with the Privacy Policy.

16.2. Not use koda to process illegal content, including but not limited to: child sexual exploitation material, non-consensual intimate material, content that infringes third-party copyright, content inciting violence or hatred, or any content prohibited by Brazilian law or by the law of the User's country of residence.

16.3. Keep their registration data up to date, especially the email address, used for transactional communications and legal notices.

16.4. Ensure they have the necessary rights over the photographs processed by koda, including the right of use for automated editing purposes and, where applicable, the consents of depicted individuals required by law.

16.5. Not attempt to access restricted areas of the Platform, exploit security vulnerabilities or interfere with the operation of the services.

16.6. Take responsibility for the security of their device and for the confidentiality of their access credentials.

16.7. Respect the contracted plan's limits, not attempting to circumvent quota mechanisms, per-device licensing or other usage controls.

17. Indemnification

17.1. The User agrees to indemnify and hold harmless koda, its partners, employees, service providers and other collaborators, from any losses, damages, reasonable costs and expenses (including reasonable attorneys' fees) arising from:

  • (a) Violation of these Terms by the User;
  • (b) Unlawful or unauthorized use of koda;
  • (c) Violation of third-party rights arising from User Content, including image rights, privacy or data protection rights of people depicted in the photographs;
  • (d) Infringement of applicable law by the User in the context of using the Platform.

17.2. koda will notify the User of any claim covered by this clause and will have the right, at its discretion, to assume the defense, with reasonable cooperation from the User.

18. Changes to the Terms

18.1. koda may change these Terms at any time, subject to:

  • (a) Publication of the updated version at https://usekoda.app/terms and in the application;
  • (b) Notification to the User by email with a minimum of 30 (thirty) days' prior notice for material changes. Non-material changes (typographical corrections, style adjustments) may be applied without prior notification;
  • (c) Clear highlighting of the changes in the version history and, where relevant, in the notification email itself.

18.2. Continued use of koda after the end of the 30-day notice period constitutes tacit acceptance of the new Terms. A User who disagrees may cancel their account without penalty before the new version enters into force.

18.3. Changes that reduce User rights or expand obligations do not apply retroactively to periods already paid — the version accepted at the time of subscription remains valid until the end of the contracted period.

19. Suspension and Termination

19.1. koda may suspend or terminate the User's account in the following cases:

  • (a) Material breach of these Terms;
  • (b) Use of koda for unlawful purposes;
  • (c) Default after charge attempts and the grace period in Section 6.3 are exhausted;
  • (d) Judicial or administrative order;
  • (e) Discontinuation of the service, with 90 (ninety) days prior notice and an offer of pro-rata refund for the unused period and data export.

19.2. In case of suspension for violation, koda will notify the User with a description of the infraction and a reasonable period for cure, except where the nature of the violation requires immediate action.

19.3. Upon termination, the User may, for a period of 30 (thirty) days, request the full export of their data in structured format (JSON), as provided for in the Privacy Policy. After this period, the data will be processed in accordance with Section 21.

20. Right of Public Expression

20.1. koda respects the User's freedom of expression. The User has the right to:

  • (a) Publish truthful and honest reviews about the product on application stores, social networks, blogs and other media;
  • (b) Publicly report bugs, problems or constructive criticism;
  • (c) Share their experience with koda with other photographers or professionals.

20.2. These Terms impose NO restriction on the User to publish truthful reviews or constructive criticism of the product — no clause shall be interpreted as restricting these rights, in line with the spirit of the Consumer Review Fairness Act (in the United States, where applicable) and the Brazilian Consumer Defense Code.

20.3. The User remains responsible for false, defamatory statements or those that violate third-party rights, in accordance with applicable law.

21. Data Retention After Termination

21.1. After termination of the account, the User's data will be retained for the following periods, as also detailed in the Privacy Policy:

Data Category Retention Period Legal Basis
Trained AI Model (Personalized Profile) Voluntary cancellation: 12-month retention window (paid plans) or 90 days (Trial). Voluntary LGPD deletion: 30 days before anonymization Possibility of plan reactivation
Account data (email, name, phone, country, genres) Anonymization 30 days after voluntary deletion request; or up to 12 months after cancellation with reactivation possibility Exercise of reactivation right + tax obligations
Derived accounting and tax records 5 years from the last transaction Art. 37 of Law 9.532/1997 and Art. 195 of the Brazilian Tax Code
Access logs (IP, date/time) 6 months Art. 15 of the Brazilian Marco Civil da Internet (Law 12.965/2014)
Payment data (Stripe references) Managed by Stripe, according to the processor's own policy Payment processor obligation
Usage data (statistics) Anonymized within 12 months after cancellation Legitimate interest — service improvement
Security audit logs (Supabase audit_log) Pseudonymous identifier retained for up to 6 months; details anonymized after account anonymization Legitimate interest and security

21.2. The User may request early deletion of their data at any time, pursuant to the LGPD, GDPR or equivalent legislation, except in cases of mandatory retention for a specific period. Voluntary deletion triggers a 30-day grace period during which the User may cancel the request, after which the data is anonymized in an irreversible manner.

21.3. AI Model deletion includes removing the weight files stored on koda's cloud infrastructure.

22. Communications

22.1. koda may send communications to the User through:

  • (a) The email address registered on the account;
  • (b) Notifications within the application;
  • (c) Notices on the official website https://usekoda.app.

22.2. Transactional communications — related to billing, renewal, changes to the Terms, security incidents and mandatory legal notices — are an integral part of the service and cannot be disabled by the User.

22.3. Marketing communications (product news, tips, promotions) may be disabled at any time by the User, via the unsubscribe link in each email or through the account settings.

23. Governing Law and Jurisdiction

23.1. For Users in Brazil

These Terms are governed by the laws of the Federative Republic of Brazil, in particular by the Civil Code (Law 10.406/2002), by the Consumer Defense Code (Law 8.078/1990), by the General Personal Data Protection Law (Law 13.709/2018) and by the Marco Civil da Internet (Law 12.965/2014).

The User's domicile is elected as the forum to resolve any disputes arising from these Terms, pursuant to Art. 101, I of the Brazilian Consumer Defense Code.

23.2. For Users in the European Union and European Economic Area

For Users residing in the EU/EEA, these Terms do not affect the rights conferred by the consumer protection legislation of the User's country of residence. Any disputes may be submitted to the forum of the User's domicile or to the European Online Dispute Resolution (ODR) platform, available at https://ec.europa.eu/consumers/odr.

23.3. For Users in Other Jurisdictions

For Users residing outside Brazil and the EU/EEA, these Terms are governed by the laws of the Federative Republic of Brazil. Any disputes shall be resolved in the forum of the District of Florianópolis, State of Santa Catarina, Brazil, without prejudice to non-waivable rights guaranteed by the legislation of the User's country of residence.

23.4. No Mandatory Arbitration

These Terms contain NO mandatory arbitration clause. The User fully retains the right of access to the competent judicial courts.

23.5. No Class Action Waiver

These Terms contain NO class action waiver. The User retains the right to participate in class actions under applicable law.

23.6. Alternative Dispute Resolution

Before initiating any judicial proceeding, the parties will make good-faith efforts to resolve the dispute amicably within 30 (thirty) days from formal notice of the controversy.

24. General Provisions

24.1. Severability. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid clause shall be interpreted in a manner that most closely matches the parties' original intent within the legal limits.

24.2. Non-Waiver. koda's failure or tolerance to enforce any provision shall not constitute a waiver of the right to enforce it later.

24.3. Assignment. The User may not assign or transfer their rights or obligations under these Terms without prior written consent from koda. koda may assign these Terms in the context of a merger, acquisition, corporate reorganization or sale of assets, subject to prior notice to the User with at least 30 days' advance notice.

24.4. Entire Agreement. These Terms, together with the Privacy Policy and the EULA, constitute the entire agreement between the parties regarding the use of koda, superseding any prior understandings, written or oral.

24.5. Languages. These Terms are made available in Brazilian Portuguese (primary version) and English (informative translation). In case of conflict between the versions, the Brazilian Portuguese version shall prevail.

24.6. Force Majeure. Neither party shall be liable for delays or failures in the performance of its obligations arising from events beyond its reasonable control, including natural disasters, pandemics, wars, governmental acts, telecommunications or power infrastructure failures.

24.7. Relationship Between the Parties. These Terms do not create any partnership, agency, franchise or joint venture relationship between the User and Koda Tech Solutions LTDA. The parties remain contractually independent.

25. Version History

Version Date Main changes
1.0 09/04/2026 Initial version.

26. Contact

For questions, requests or complaints related to these Terms, Koda Tech Solutions LTDA can be contacted through the following channels:

  • General support: support@usekoda.app
  • Data Protection Officer (DPO) / privacy questions: dpo@usekoda.app
  • Postal mail: Rua Agapito Veloso, 79 — Estreito, Florianópolis/SC — ZIP 88054-050 — Brazil
  • Support channel within the application: Settings → Support

By using koda, the User declares that they have read, understood and fully agree to these Terms of Service and the Privacy Policy.

This English version is an informative translation. The authoritative version in case of conflict is the Brazilian Portuguese version available at /terms.