EULA – TERMS OF USE AND LICENSE AGREEMENT
FACTOR SILVA™ (FS)
Legal and Juridical Review (Consolidated Version)
1. ACCEPTANCE OF TERMS
By accessing, installing, registering, using, or in any way interacting with the software, applications, reports, certificates, digital interfaces, APIs, or methods associated with Factor Silva™ (FS), the user declares that they have read, understood, and fully agreed to these Terms of Use and License Agreement (“EULA”).
If the user does not agree, in whole or in part, with any provision of this EULA, they must not proceed with the use of the platform, software, or method.
2. DEFINITIONS
For the purposes of this EULA, the following definitions apply:
• Factor Silva™ (FS): a technical, conceptual, and mathematical framework based on multidimensional coefficients (CF, CI, CS, and CE), intended to generate an indicative numerical index of the functional proximity of an entity in relation to parameters defined by the method.
• FS Platform: the set of mobile applications, web software, digital reports, certificates, dashboards, APIs, and systems associated with FS.
• Evaluated Entity: a human being, humanoid, android, artificial system, or fictional entity analyzed by the method.
• User: any natural or legal person who directly or indirectly uses the FS Platform.
• FS Results: indices, coefficients, reports, charts, certificates, or interpretations generated by the method.
The FS does not constitute a clinical, psychological, or psychiatric diagnosis;
does not represent an absolute judgment about individuals;
does not define identity, value, character, or human capacity;
and must not be interpreted as objective or definitive truth.
The FS is a technical and interpretative indicator, subject to methodological limitations, controlled subjectivity, and contextual variations.
3. NATURE OF FACTOR SILVA™
Factor Silva™ is:
• a technical, analytical, and educational instrument;
• a multidimensional functional evaluation framework.
Factor Silva™ is not:
• a clinical psychological test;
• a medical, psychiatric, or therapeutic diagnosis;
• a legal, labor, or mandatory expert evaluation instrument.
FS results:
• do not define personal identity;
• do not permanently label individuals;
• do not determine moral, social, or human value;
• do not replace specialized professional evaluations.
The user expressly acknowledges that:
“Factor Silva describes evaluated dimensions, but does not define the totality of the individual or the evaluated entity.”
4. INDICATIVE AND TEMPORAL NATURE OF RESULTS
FS results:
• represent observed tendencies, functional states, and indicative findings;
• are valid exclusively within the context and date of the evaluation;
• may vary over time due to physical, cognitive, emotional, technical, or contextual changes.
No result shall be interpreted as definitive, absolute, or immutable.
5. PERMITTED USE
The user is permitted to use FS exclusively for:
• educational and informational purposes;
• self knowledge and personal reflection;
• conceptual and technical research;
• entertainment, simulations, and comparative analyses;
• non decisive technical evaluations of artificial systems.
6. EXPRESSLY PROHIBITED USE
It is expressly prohibited to use FS as:
• the sole or determining criterion for hiring, dismissal, or professional promotion;
• the basis for medical, psychological, or therapeutic decisions;
• grounds for legal or judicial decisions;
• an instrument for social, educational, or institutional exclusion;
• a mechanism for discrimination, segregation, or compulsory labeling;
• a substitute for clinical or legally qualified professional evaluations.
The user assumes full responsibility for any improper use.
7. DIFFERENTIATION BETWEEN HUMANS AND MACHINES
FS acknowledges the ontological difference between human and artificial entities.
• Evaluations of humans include indicative and subjective elements and require ethical and contextual interpretation.
• Evaluations of machines and androids are technical functional and do not imply real consciousness, emotion, or spirituality, even when simulated.
For artificial systems, FS does not replace official certifications, technical standards, or formal assessments, which remain the responsibility of duly qualified professionals.
8. ENTERTAINMENT, FICTION, AND SIMULATIONS
Evaluations involving fictional characters, hypothetical scenarios, cultural analyses, or “Factor Silva Battles” are exclusively conceptual and illustrative, with no technical, normative, or legal validity.
9. USER RESPONSIBILITY
The user acknowledges that:
• interpretation of results is solely their responsibility;
• FS does not make decisions, but only presents analyses;
• no practical consequence arising from the use of FS may be attributed to the creators, developers, or licensors.
The HxA platform is not responsible for decisions made by users based on FS results.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by law, the creators, developers, and holders of Factor Silva™ shall not be liable for direct or indirect, moral, emotional, reputational, or financial damages arising from the use, misuse, or interpretation of FS results.
10.A Use in Relation to Third Parties
It is prohibited to evaluate third parties without explicit consent, publish results for purposes of exposure, or use FS in a defamatory manner.
10.B Disclaimer of Warranties
The platform is provided “as is”, without warranties of absolute accuracy, universal consistency, or fitness for any specific purpose.
10.C Certification and Validity
Certificates issued are informative and historical in nature and do not constitute official governmental certification.
10.D Privacy and Data
Data processing shall comply with the applicable Privacy Policy and may include anonymization for statistical purposes.
10.E Modifications
HxA may update terms, functionalities, and methodologies at any time.
11. INTELLECTUAL PROPERTY
Factor Silva™, its method, coefficients, mathematical structure, reports, certificates, trademarks, and digital implementations are protected intellectual property, and any reproduction, modification, or redistribution without express authorization is prohibited.
12. APPLICABLE LAW
This EULA is governed by the laws applicable to the domicile of the platform operator, respecting international principles of good faith, responsible use of technology, and data protection.
13. FINAL PROVISIONS
The invalidity of any provision shall not affect the validity of the remaining clauses.
Continued use of the platform implies ongoing acceptance of these terms.
14. CONTACT
Questions, support requests, or legal matters must be directed through the Contact Us channel available at: