TERMS OF SERVICE

1. Acceptance of Terms

By accessing, using, or creating an account on the Upstream Tycoon platform — operated by AITEKS SOLUCOES EM TECNOLOGIA LTDA (CNPJ 57.420.480/0001-67) — you confirm that you have read, understood, and unconditionally agreed to these Terms of Service and our Privacy Policy. If you do not agree with any part of these Terms, you must immediately stop using the platform.

By signing in through LinkedIn or any other authentication method, you expressly consent to these Terms, including but not limited to the collection and storage of your data as described herein and in our Privacy Policy.

2. Nature of the Platform — Educational Purposes Only

Upstream Tycoon is a browser-based educational simulation game designed for entertainment and learning purposes only. The platform simulates upstream oil & gas engineering concepts (well drilling, reservoir management, waterflooding, economic modeling, etc.) in a simplified, gamified environment.

Nothing in this platform constitutes professional engineering advice, investment advice, financial guidance, or a substitute for formal education or professional training. The simulations, equations, and data presented are simplified models for educational illustration and do not reflect real-world conditions, risks, or outcomes.

You expressly acknowledge that the platform is provided strictly for educational and entertainment purposes. Any decisions made based on information obtained through this platform are made entirely at your own risk.

3. Account Registration and Data Storage Consent

By creating an account or signing in via a third-party provider (such as LinkedIn), you:

• Consent to the collection and storage of your personal data (name, email, profile information) as described in our Privacy Policy.
• Consent to the storage of your game progress, preferences, leaderboard data, and usage analytics on our servers.
• Are responsible for maintaining the confidentiality of your login credentials and account access.
• Agree not to create accounts on behalf of others without their authorization.
• Must notify us immediately of any unauthorized use of your account.
• Acknowledge that we reserve the right to suspend or terminate accounts that violate these Terms, at our sole discretion and without prior notice.

4. Acceptable Use

By using the platform you agree not to:

• Violate any applicable local, national, or international laws or regulations.
• Attempt to access systems, accounts, or data of other users without authorization.
• Reverse engineer, decompile, modify, or create derivative works from the platform code for unauthorized purposes.
• Use automated scripts, bots, or exploits to manipulate leaderboard scores, game data, or platform functionality.
• Post or transmit content that is offensive, defamatory, harmful, or infringes third-party rights.
• Attempt to overload, disrupt, or interfere with the platform's infrastructure or other users' experience.

5. Intellectual Property

All platform content — including but not limited to code, graphics, game mechanics, user interface design, text, audio, trademarks, and trade dress — is the exclusive property of Aiteks or its licensors, protected by Brazilian and international intellectual property law. You are granted a personal, non-transferable, non-exclusive, revocable license to use the platform solely for personal educational and entertainment purposes.

No content from this platform may be copied, reproduced, distributed, modified, displayed publicly, or used commercially without the prior written consent of Aiteks.

6. Game Data, Progress, and Cloud Saves

Game progress is saved locally in your browser (localStorage) and, if you are signed in, synced to our servers as cloud saves. By using the cloud save feature, you explicitly consent to the transmission and storage of your game data on our servers.

Aiteks does not guarantee the permanent availability, integrity, or backup of cloud save data. We recommend keeping local backups using the in-game export feature. Aiteks shall not be liable for any loss of game progress or data, whether due to technical failures, service interruptions, account termination, or any other cause.

7. Service Availability

The platform is provided on an “as available” basis. We make reasonable efforts to keep the platform operational but do not guarantee uninterrupted, error-free, or secure access. We may suspend, modify, or discontinue the service (or any part of it) at any time, temporarily or permanently, with or without notice, and without liability to you.

8. Disclaimer of Warranties

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

Aiteks does not warrant that: (a) the platform will meet your requirements; (b) the platform will be uninterrupted, secure, or error-free; (c) the results obtained from the platform will be accurate or reliable; or (d) the quality of any information or content obtained through the platform will meet your expectations.

The educational content, engineering simulations, equations, and economic models presented in the game are simplified approximations provided for illustrative purposes only. They should not be relied upon for any real-world engineering, scientific, financial, or professional purpose.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AITEKS, ITS OWNERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM.

This includes, without limitation, damages for loss of profits, data, goodwill, business opportunities, or any other intangible losses, even if Aiteks has been advised of the possibility of such damages. Our total aggregate liability for any claims arising from or related to these Terms or the platform shall not exceed the amounts, if any, you have actually paid to Aiteks in the twelve (12) months preceding the claim.

You expressly acknowledge and agree that Aiteks bears no responsibility for any decisions, actions, or outcomes resulting from your use of the platform, including but not limited to any reliance on the educational content or simulations provided.

10. Indemnification

You agree to indemnify, defend, and hold harmless Aiteks, its owners, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of or access to the platform; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit or transmit through the platform.

11. Privacy and Data Processing

The processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms. By accepting these Terms, you also accept and consent to our Privacy Policy in its entirety, including the collection, processing, and storage of your personal and game data.

12. Changes to These Terms

We reserve the right to revise these Terms at any time at our sole discretion. Registered users may be notified of material changes by email or in-platform notice, but it is your responsibility to review these Terms periodically. Continued use of the platform after the publication of revised Terms constitutes your acceptance of the changes.

13. Termination

You may close your account at any time by contacting us. Aiteks may suspend or terminate your access immediately and without notice for violations of these Terms, suspected fraud, or any conduct that we determine, in our sole discretion, to be harmful to the platform, other users, or Aiteks. Upon termination, your right to use the platform ceases immediately, and we may delete your data in accordance with our Privacy Policy.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Federative Republic of Brazil, including but not limited to the Brazilian Civil Code (Lei n. 10.406/2002), the Consumer Protection Code (Lei n. 8.078/1990) where applicable, and the General Data Protection Law (LGPD, Lei n. 13.709/2018). The courts of Aiteks's registered domicile shall have exclusive jurisdiction over any disputes arising from or relating to these Terms.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Aiteks regarding the use of the platform. They supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and Aiteks.