Terms of Use · SkyX

Last updated: July 19, 2026

Company: SKYX AUTOMAÇÃO LTDA, CNPJ 62.757.825/0001-02, with registered office at Q SMPW Trecho 3, Bloco A, SN, Sala 110 - Setor de Indústrias Bernardo Sayão, CEP 71.736-301, Brasília/DF (hereinafter "SkyX", "we", "our").

Contact: [email protected] · WhatsApp +55 (61) 99904-2267

1. Definitions

For the purposes of these Terms of Use:

• SkyX: residential and building automation platform composed of software (web application, mobile application, cloud services) and equipment (devices, hubs, local servers) provided, operated or integrated by SKYX AUTOMAÇÃO LTDA.
• Service: the set of features offered by SkyX through the platform, including, without limitation: device control, monitoring, automations, notifications, facial recognition (optional and subject to consent), AI assistant and integrations with third-party voice assistants.
• User: any natural or legal person who accesses or uses the Service upon registration and acceptance of these Terms.
• B2B Customer: a legal entity (condominium, property manager or equivalent entity) contracting the Service in professional mode (Essential, Professional or Enterprise tiers).
• B2C Customer: a natural person contracting the Service in residential mode (Home-Installed tier).
• Resident: a natural person who uses the Service at an installation contracted by a B2B Customer.
• Building Manager (Síndico): the legal representative of the condominium who contracts the Service on behalf of the B2B Customer, holding authority conferred by assembly or condominium bylaws.
• Authorized Technician: a professional hired or accredited by SkyX to perform physical installations in the applicable tiers.
• Personal Data: any information relating to an identified or identifiable natural person, under the terms of Article 5, item I, of the LGPD.
• Biometric Data: a subcategory of sensitive Personal Data that includes facial images and biometric embeddings processed by the facial recognition module.
• LGPD: the Brazilian General Data Protection Law (LGPD), Federal Law No. 13,709 of August 14, 2018.
• CDC: the Brazilian Consumer Protection Code (CDC), Federal Law No. 8,078 of September 11, 1990.
• Marco Civil: the Brazilian Civil Rights Framework for the Internet (Marco Civil da Internet), Federal Law No. 12,965 of April 23, 2014.

2. Acceptance of the Terms

2.1. By registering for the Service, accessing any feature or entering into an installation agreement, the User declares that they have read, understood and fully agree to these Terms of Use, the Privacy Policy and, where applicable, the Biometric Consent Form and the Cookie Policy.

2.2. In the case of a B2B Customer, acceptance is made by the Building Manager or an authorized legal representative, who declares that they hold the powers to bind the contracting condominium or entity.

2.3. SkyX may, at its discretion, request express confirmation (clicking an acceptance checkbox) or an electronic signature at a key point in the contracting flow. Refusal to accept these Terms prevents use of the Service.

2.4. These Terms may be updated as set out in Clause 14. Continued use of the Service after notice of a change constitutes acceptance of the new conditions.

3. Description of the Service (by mode)

3.1. B2B Mode · Building Management

• Intended for residential, mixed-use or commercial condominiums.
• Includes: centralized access control, common-area lighting, camera monitoring, energy consumption management, event logging, RBAC profile with the building_owner role, and handoff documentation between mandates.
• Installation performed exclusively by an Authorized Technician according to the contracted tier.
• Professional support with an SLA (Clause 8).

3.2. B2C Mode · Home-Installed

• Intended for single-family homes or standalone units.
• Includes: device control, premium mobile application, integrations with Alexa/Google/Siri, local AI, and WhatsApp support during business hours.
• Installation by an Authorized Technician (~2 hours).
• Reduced SLA compared to B2B (Clause 8).

3.3. SkyX may, at any time, modify, add or discontinue features, subject to the rights of the acquiring User and upon reasonable prior notice as set out in Clause 14.

4. Contracting, Registration and Accreditation

4.1. Registration requires true, complete and up-to-date information. The User is responsible for the accuracy of the data provided.

4.2. The User is responsible for safeguarding credentials (username, password, API tokens). SkyX is not liable for misuse resulting from negligence in safeguarding them.

4.3. In the case of a B2B Customer, the Building Manager is responsible for informing SkyX of any changes of mandate. SkyX provides a documented handoff procedure between mandates; execution of this procedure is the responsibility of the B2B Customer.

4.4. Minors: direct registration is prohibited for those under 18 years of age. In B2B installations, minor Residents may be included in family features upon express consent of a legal guardian, under the terms of Article 14 of the LGPD.

5. Commercial Terms and Payment

5.1. Pricing structure (schedule in effect as of 2026-04-18; subject to update as set out in Clause 14):

5.2. Payment method: Pix, credit card or other means made available by the payment processor (Stripe). An NF-e (electronic invoice) will be issued through an accredited provider for each charge.

5.3. B2B schedule: 50% of the setup fee upon signing the contract; 50% after completion of the installation and the Customer's formal acceptance.

5.4. Monthly fee: charged on the installation day (first month prorated) and, thereafter, in a monthly cycle on the same day.

5.5. Default (non-payment): in the event of a payment failure, SkyX will attempt automatic renewal for up to 14 calendar days. After that period without regularization, the Service may be degraded (notifications disabled, remote access suspended) while retaining basic local features. After 30 days of default, SkyX may terminate the contract as set out in Clause 15.

5.6. Adjustments: monthly fees may be adjusted annually based on an inflation index (IPCA or equivalent), upon at least 30 days' prior notice.

5.7. Taxes: the amounts above do not include applicable taxes, which will be added in accordance with applicable law.

6. Installation and Equipment

6.1. Scope of the B2B installation (as per the signed SOW):

• Provisioning of the local server (Raspberry Pi or equivalent provided by SkyX).
• Physical installation of the devices listed in the SOW (locks, sensors, meters, cameras).
• Secure network, Tailscale and SSH configuration.
• Initial backup of the Matter and Zigbee fabrics.
• Building Manager onboarding (admin account, first automations, LGPD flow).
• Signed handoff (delivered scope, support contacts, SLA).

6.2. Home-Installed scope: a reduced version of the B2B scope, compatible with a single residential unit, up to the number of devices defined in the contracted package.

6.3. Equipment: devices (locks, cameras, plugs, etc.) are sold separately. SkyX may resell devices with a transparent margin (typically 20–30% over wholesale), issuing the corresponding NF-e. Alternatively, the User may purchase third-party devices compatible with Matter, Zigbee or supported integrations.

6.4. Equipment warranty: equipment supplied by SkyX carries the manufacturer's warranty. Manufacturing defects within the legal period (CDC Art. 26) are replaced at no cost. Defects due to misuse, electrical surges or natural disasters are not covered.

6.5. Post-installation visits: for 30 days after installation, one on-site repair visit is included if a failure is found in equipment supplied by SkyX. Additional visits are charged according to a specific schedule.

7. Acceptable Use

7.1. The User undertakes to use the Service exclusively for lawful purposes and in compliance with these Terms, the LGPD, the Marco Civil and other applicable laws.

7.2. It is expressly prohibited to:

• Use the Service to monitor or record persons without their knowledge and consent, except in condominium common areas that are duly signed and with an adequate legal basis.
• Share credentials with unauthorized third parties.
• Perform reverse engineering, decompilation or any attempt at unauthorized access to SkyX's code or infrastructure.
• Use the Service for attacks on other systems (DDoS, scanning, exploitation of vulnerabilities) or any illegal activity.
• Register false or third-party data without authorization.
• Use facial recognition on persons who have not given express consent, under the terms of LGPD Art. 11.

7.3. SkyX may temporarily suspend the Service in the event of abusive use or suspected unlawful activity, upon notice to the User and an opportunity to provide justification, except in cases of imminent risk.

8. Availability and Service Level (SLA)

8.1. SLA by mode (business hours = 9:00 a.m.–10:00 p.m. BRT, every day):

8.2. Severity definitions:

• S1 (critical): building/unit inoperable (access control non-functional, entire platform unavailable).
• S2 (major): partial loss of functionality; workaround available.
• S3 (minor): cosmetic or non-blocking nuisance.
• LGPD incident: any exposure or suspected exposure of Personal Data; follows a specific procedure, with priority over operational severity.

8.3. Credit for unmet SLA (B2B only): if downtime classified as S1 exceeds the monthly target, SkyX will grant a credit proportional to the following monthly fee, calculated as 1/30 of the monthly fee per additional 4-hour period, limited to 100% of the monthly fee for the affected month.

8.4. SLA exclusions: failures in third-party services (internet provider, electric power provider, device manufacturers, third-party voice assistants), natural disasters, scheduled maintenance notified 48 hours in advance, and unavailability caused by the Customer's act or omission.

8.5. Scheduled maintenance: SkyX will preferably carry out maintenance during low-usage windows, with prior notice. Emergency maintenance may occur without prior notice.

9. Service Warranty (CDC Art. 26)

9.1. Pursuant to Article 26 of the CDC, the Service is warranted against apparent or easily detectable defects for 90 dayscounted from actual delivery (installation completed by an Authorized Technician).

9.2. Hidden defects, when discovered, will have a complaint period counted from the moment of discovery, within the limits of the CDC.

9.3. The warranty applies to the operation of the features described in Clause 3 according to the contracted tier. It does not extend to expectations outside the documented scope.

10. Cancellation and Refund (CDC Art. 49)

10.1. Right of withdrawal (CDC Art. 49): B2C contracts entered into off SkyX's premises (via the website or WhatsApp) may be canceled by the Customer within 7 calendar days from signing, with a full refund, provided that the Authorized Technician has not yet been dispatched for the installation. If dispatch has already occurred, the right of withdrawal does not apply to the portion of the service already rendered (travel, execution), in accordance with a reasonable interpretation of contractual good faith; monthly fees not yet started are cancelable.

10.2. B2B cancellation: requires 30 calendar days' prior notice. There is no right of withdrawal for B2B contracts, which follow their own contractual rule.

10.3. Cancellation due to Customer default: follows Clause 5.5.

10.4. Cancellation for cause by SkyX's fault: in the event of a material breach of these Terms by SkyX (continued SLA failure, demonstrated LGPD violation), the Customer may terminate without penalty and request a proportional refund.

11. Intellectual Property

11.1. All software, trademarks, logos, documentation and original content of the Service are the exclusive property of SKYX AUTOMAÇÃO LTDA or licensed to it.

11.2. The User receives a personal, non-transferable and non-exclusive license to use the Service in accordance with the Terms. Nothing in these Terms transfers intellectual property to the User.

11.3. Third-party components: the Service uses open-source software (Zigbee2MQTT, Home Assistant, Frigate, Matter SDK, among others) under their respective licenses. A listing is available upon request.

11.4. User Data: the User retains ownership of their own data (including facial images, settings, event history). SkyX acts as controller or processor of that data as defined in the Privacy Policy.

11.5. Feedback: suggestions, feedback and ideas sent by the User to SkyX may be used by SkyX without limitation or consideration, unless expressly identified as confidential by the User.

12. Limitation of Liability

12.1. Consumers (B2C): the limitation of liability will respect the protections of the CDC. Within the limits permitted by the CDC, SkyX's maximum liability in any event is limited to the amount actually paid by the Customer in the 12 months prior to the event.

12.2. B2B Customers (legal entities): except in cases of willful misconduct or gross negligence, SkyX's maximum liability is limited to the amount paid by the Customer in the 12 months prior to the triggering event. SkyX is not liable for lost profits, indirect or consequential damages.

12.3. Events beyond SkyX's control: SkyX is not liable for failures arising from acts of God, force majeure, acts of third parties, failure of third-party services (power, internet, cloud, third-party devices), or the Customer's act or omission.

12.4. Facial recognition: SkyX does not guarantee 100% accuracy in facial recognition. The Customer acknowledges that the technology has an inherent margin of error and undertakes not to use recognition results as the sole or exclusive evidence for decisions with legal impact.

12.5. Integration with voice assistants: Alexa, Google Home and Siri are third-party services. Failures, API changes or unavailability of these services do not constitute a breach of SkyX's SLA.

13. Data Protection and Privacy

13.1. The processing of Personal Data fully follows the Privacy Policy, which is an integral part of these Terms.

13.2. Biometric Data (facial recognition) additionally follows the Biometric Consent Form.

13.3. The B2B Customer acts as controller of the Personal Data of Residents that it introduces into the Service, with SkyX acting as processor for the purposes of the LGPD. For data collected directly by SkyX (Customer registration data, Service usage data, telemetry), SkyX is the controller.

13.4. Data subject rights (LGPD Art. 18) may be exercised via [email protected]. SkyX responds within the legal period of 15 calendar days.

13.5. Data Protection Officer (DPO): Gabriel De Melo Filipe, contact [email protected].

14. Changes to the Terms

14.1. These Terms may be changed to reflect:

• Changes in the Service offered.
• Legal updates (LGPD, CDC, ANPD, Marco Civil, case law).
• Corrections and clarifications.

14.2. Notice of changes:

• Substantial changes (change of scope, price, SLA exclusions): notice by email and WhatsApp with a minimum of 30 days' advance notice. The User may terminate without penalty if they do not agree, during the notice period.
• Non-substantial changes (clarifications, reorganization, corrections): effective immediately, with publication on the website and notice in the user panel.

14.3. The current version is always available at https://skyxsmart.com/en/terms, indicating the date of the last update.

15. Termination

15.1. By the Customer: as set out in Clause 10. B2C Home-Installed with 30 days' notice; B2B with 30 days' notice.

15.2. By SkyX: upon 30 days' prior notice, except in cases of:

• Material breach of these Terms by the User (including unlawful use of the Service).
• Default exceeding 30 calendar days (Clause 5.5).
• Judicial or regulatory determination.

15.3. After termination: the offboarding procedure is followed:

• Export of the Customer's data in a readable format (PDF + JSON/CSV) upon request.
• A 30-day grace period with data retained for possible reactivation.
• After 30 days (unless reactivated): definitive deletion or anonymization as set out in LGPD Art. 18; retention only of data required by legal obligation (tax data for 5 years; biometric audit logs for 365 days).

16. General Provisions

16.1. Communications: official notices will be sent to the User's registered email and, in the B2B case, to the Customer's address stated in the contract. Day-to-day operational communications may occur via WhatsApp as set out in Clause 8.

16.2. Assignment: the Customer may not assign this contract to third parties without SkyX's express authorization. SkyX may assign it to subsidiaries or successors upon prior notice.

16.3. Severability: if any clause is deemed invalid, the remaining clauses remain in full force.

16.4. Language: these Terms are written in Brazilian Portuguese, which is the authentic language. Translations into other languages, if provided, are for informational purposes only.

16.5. Entirety: these Terms, together with the Privacy Policy, the Biometric Consent Form (where applicable), the Cookie Policy and the specific SOW (in the B2B case), constitute the entire agreement between the parties and supersede prior agreements on the same subject.

17. Governing Law and Jurisdiction

17.1. These Terms are governed by the laws of the Federative Republic of Brazil.

17.2. The courts of the Judicial District of Brasília/DF are elected to settle any disputes, with a waiver of any other, however privileged.

17.3. Consumers (B2C): in consumer relations, the consumer may elect the jurisdiction of their own domicile as permitted by CDC Art. 101, I.

18. Contact

SKYX AUTOMAÇÃO LTDA

CNPJ: 62.757.825/0001-02

Address: Q SMPW Trecho 3, Bloco A, SN, Sala 110 - Setor de Indústrias Bernardo Sayão, CEP 71.736-301, Brasília/DF

Email (sales and support): [email protected]

DPO email: [email protected]

DSAR email (data subject rights): [email protected]

WhatsApp: +55 (61) 99904-2267

Website: https://skyxsmart.com

Internal working-version document. Legal review pending before publication.