Terms of Use for schools

1. The parties

Surf Academy: [LEGAL NAME], CNPJ [CNPJ], [ADDRESS] (“Surf Academy”).

School: the surf school that creates the account, represented by the person who accepts these terms (the “School”).

Processing of personal data of the School's Students, guardians, Teachers and Staff follows the Data Processing Agreement (/dpa). The Privacy Policy (/privacidade) explains how each person's account data is handled.

2. The service

• Lesson scheduling, Students, Teachers, packages, videos, evaluations, chat and payments for the School, through the web panel and the apps.
• Optional artificial intelligence features, which use an AI provider engaged by Surf Academy and respect each person's School Role.
• The service evolves. Surf Academy may improve, replace or discontinue features, giving the School reasonable notice when a change materially reduces what it signed up for.
• In-app payments: [TO BE CONFIRMED] until the payment integration is live, amounts recorded in the app are simulated, and nothing is charged or paid out through it.

3. Account and access

• The School keeps its details accurate and the account secure, and answers for what its Staff, Teachers and Students do with the access it grants.
• Each school has its own environment. Surf Academy keeps one school's data isolated from other schools' data.
• The person who creates the School is responsible for the account. The School tells Surf Academy if that person changes or loses access.

4. Free trial and plans

• A 30-day free trial, no card. During the trial the School uses the Swell plan, with its published limits.
• After the trial the School picks a plan: Onda, R$ 300 per month; Swell, R$ 600 per month; Big Wave, R$ 1,100 per month. Each plan's limits (Students, Teachers, videos and other items) are published in the panel under Plan and billing.
• Annual payment: two months free compared to 12 monthly payments. [CONFIRM TERMS]
• Prices are in Brazilian reais. Surf Academy may change prices with [NOTICE PERIOD] notice to the School, and the new price applies from the next renewal.
• The School can change plan at any time. [CONFIRM proration and when the change takes effect]

5. Payment and non-payment

• Surf Academy issues the charge for each period by Pix, card or boleto, according to the options in the panel. [CONFIRM methods and due dates]
• If a charge is not paid by its due date, the School enters a grace period and is notified in the panel and by e-mail. The School keeps using the service normally during the grace period.
• If non-payment continues after the grace period, the account becomes read-only: the School, Staff and Students can still see the data, but the service stops accepting new records (new Students, lessons, videos and other metered items). Students are never blocked because of the School's non-payment.
• Once the open amount is paid, full access returns. The School's data is kept while the contract lasts and for the export period in section 10.
• Periods already paid are not refunded, except as the law provides (such as the right of withdrawal, where it applies) or in case of a serious failure of the service. [CONFIRM]

6. The School's responsibilities

• Have a legal basis and, where needed, consent for Students' data and images, minors included. For minors, collect and keep the consent of a parent or legal guardian.
• Inform Students and guardians, in the School's own words, about the data processing it carries out through Surf Academy.
• Run its relationship with its Students: lesson and package prices, cancellation policies, make-up lessons, water safety and support. Surf Academy is not a party to that relationship and is not responsible for the lesson itself.
• Keep the insurance, licences and other legal obligations needed to operate a surf school.
• Not upload content that is unlawful, offensive or that infringes third-party rights.

7. Acceptable use

• Do not try to access another school's data, bypass plan limits, reverse engineer or overload the service.
• Do not use the service to send spam, scams or content that puts people at risk.
• Surf Academy may suspend an account that breaches these terms or puts the service or other schools at risk, notifying the School whenever possible.

8. Content and intellectual property

• Surf Academy owns the software, the brand and the service materials. The School receives a limited, non-exclusive, revocable licence to use them during the contract.
• The School's data and content (records, photos, videos, messages) remain the School's and the data subjects'. Surf Academy only uses them to provide the service, under the /dpa.
• The School allows Surf Academy to name the School and show its logo as a customer. [CONFIRM: optional]

9. Availability and support

• Surf Academy works to keep the service available but does not promise uninterrupted operation: there may be maintenance, provider failures and events beyond its control. [CONFIRM availability target]
• Support by WhatsApp and e-mail, according to the plan. The Big Wave plan has priority support, weekends included.

10. Cancellation, termination and export

• The School can cancel at any time in the panel or through support. Cancellation takes effect at the end of the period already paid.
• Surf Academy may terminate the contract for a serious breach of these terms, notifying the School, or when it discontinues the service, with [NOTICE PERIOD] notice.
• After termination the School has [30] days to export its data. After that, the data is deleted or anonymised under the /dpa, unless the law requires it to be kept.

11. Personal data

For the data of Students, guardians, Teachers and Staff, the School is the controller and Surf Academy is the processor, under Brazil's LGPD (Law 13,709/2018). The details, including sub-processors, international transfers, incidents and data subject rights, are in the /dpa. For each person's account data and the security of the service, Surf Academy acts as controller, as set out in the Privacy Policy.

12. Limitation of liability

• The service is provided as is, to the extent the law allows.
• Surf Academy's total liability to the School, for any cause connected to this contract, is limited to the amount the School paid Surf Academy in the [12] months before the event. [CONFIRM]
• Surf Academy is not liable for lost profits, lost opportunity or indirect damages, nor for accidents and harm during lessons, which are the School's responsibility.
• Nothing here limits liability that the law does not allow to be limited, such as wilful misconduct or consumer rights, where they apply.

13. Changes to these terms

Surf Academy may update these terms. Relevant changes are notified to the School by e-mail and in the panel, with [NOTICE PERIOD] notice, and the School accepts the new version to keep using the service. If it disagrees, it can cancel without penalty.

14. Governing law and venue

These terms are governed by the laws of Brazil. The courts of [CITY/STATE] are chosen to settle any dispute, waiving any other, unless a mandatory rule of jurisdiction says otherwise.

15. Contact

[LEGAL NAME], CNPJ [CNPJ], [ADDRESS]. WhatsApp and contact e-mail: [SURF ACADEMY CONTACT]. Data Protection Officer (DPO): [DPO E-MAIL].