Termos e Condições

 

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GLOSSARY – PLATFORM PRIVACY

In these Terms, the following terms and expressions mean:

Subscriber: A User who follows a Creator and views the Creator’s content upon payment;

Agent/Agency: Talent agency is an intermediate that its scope is focused on the commercialization and rentability of exclusive content, through the agency creators’ content.

AI: Artificial Intelligence

Third-Party Commission – Co-authorship: The Creator is responsible for dividing/distributing the revenue earned from co-authored content, or which will be received in contact indicated within the platform.

Commission: The fee charged by the platform, as a result of using its technology for intermediation between the Creator and Subscriber, calculated as a percentage of the Revenue earned by the Creator, paid by Subscribers to view the Creator’s User Content or to use Interaction;

User Account: a section of the platform that can be accessed only by PRIVACY or by the User who holds, among other things, Payment Provider Options and Payment;

User Content: all and any photo, video, and other material uploaded to the platform by a Creator;

Creator: A User who uploads Content on the platform to be viewed by other Users;

Chargeback: a demand from a credit card provider for PRIVACY to compensate the loss suffered by the credit card provider because the User unjustifiably disputed a purchase they made using their credit card;

Payment Provider: any third party approved by PRIVACY that allows a User to make payments or a Creator to receive;

Interaction: any functionality offered by a Creator as part of the User Content, hosted by Privacy, that allows a Subscriber to interact with (instead of just viewing) the User Content and/or the Creator.

IR: Income

Tax IRPF: Individual Income Tax

Payment Options: the instruction given by each Creator to a Payment Provider on how the Commission will be detailed by the Payment Provider to the Creator; ORANGE SEA CORP., a private legal entity, registration number 2121942 with the authorities of the British Virgin Islands, headquartered at 80 main street, Po BOX 3200, Road Town, Tortola VG1110, British Virgin Islands. ORANGE SEA CORP owns the "Privacy" platform, holding all rights to it.

Referral Payment: payments made by PRIVACY to Users who refer new Creators. The amount is 5% of all billing made by the referred Creator. This payment will occur for 6 months.

Platform: defined as www.privacy.com.br;

Privacy: social network that allows Users to provide and view User Content and, where appropriate, use Interaction;

Creator Revenue: the amount paid by a Subscriber to the Creator through the PRIVACY platform to view the User Content or use the Interaction;

Refund: the return of money to a Subscriber after a good-faith demand, generally issued before a chargeback;

Relationship: the relationship between a Subscriber and a Creator;

Validation Fee: are the amounts, if any, due to Privacy by the Creator, regarding the validation, updates, changes in their account, as well as in relation to the validations performed by the Privacy platform team in relation to the Creator's subscribers accounts.

User: any User of the platform, whether a Creator or a Subscriber;

 1. About

1.     Privacy is a mobile platform (website and/or application) for social media that allows Creator Users to create a profile, upload photos and videos to their profile, set a monthly subscription price to be paid by other Subscriber Users who wish to view the content made available, all through the mentioned technological platform.

 2.     Privacy is operated by the business company ORANGE SEA CORP.

 3.     These Terms govern the use of the platform, including any content, functionality, and services offered on or through the platform. By registering and using Privacy, the User accepts and agrees to comply with and be bound by these Terms. If the User does not agree with the Terms of Service, they may not access, use the platform, or perform any other operation linked to Privacy.

 4.     Any information provided on the platform, including answers to "frequently asked questions", does not legally bind PRIVACY, being merely informative and not part of the Terms.

 5.     The platform is offered and available EXCLUSIVELY to users who are 18 (eighteen) years of age or older and/or of legal age for civil and criminal purposes. By using the platform, the User declares and warrants that they are 18 years of age and/or of legal age to form a binding contract with PRIVACY.

 6.     PRIVACY reserves the right to make changes to these Terms at any time, at PRIVACY's sole discretion. All changes are effective immediately upon posting and apply to all access to and use of the platform thereafter, having immediate effects on all protected users. By continuing to use Privacy, the User agrees to the Terms, as modified or as they currently appear. It is advisable to check this page periodically to be aware of any changes, as they will be applied immediately after their modification.

 7.     By using Privacy, the User agrees to receive electronic communications from PRIVACY, including emails and messages posted on their Privacy account, all in more detail in the Privacy Policy (available here: Privacy). The User agrees that all communications that PRIVACY sends electronically satisfy any legal requirement that such communications be in writing. If the user wishes, at any time, to revoke their consent to receive communications from PRIVACY, they should send an email to [email protected].

 8.    PRIVACY does not own the Content made available by the User on Privacy, and the Users' views in the platform do not represent the PRIVACY views, it means the accesses are the subscribed Users accesses solely.

9.     All relationships, transactions, and interactions related to user content on Privacy are between users, except when PRIVACY acts as an agent of a Creator to receive payment from a Subscriber on behalf of the Creator. At no time will PRIVACY be part of or responsible for any transaction or interaction between users.

 10.  When PRIVACY intermediates through the platform the collection of the value by the Creator paid by the Subscriber, whose purpose is to view the User Content uploaded by a Creator, PRIVACY receives this payment on behalf of the Creator and not the Subscriber. After the collection of payment by the intermediary/platform PRIVACY, the Creator will have no right of action against the Subscriber for non-payment, and the Creator will be obliged to allow the Subscriber to view the User Content or use the Interaction.

11.  PRIVACY reserves the right at any time and without notice:

1. Modify, suspend, or terminate Privacy or any part of it;

2. Restrict, limit, suspend, or terminate your access to Privacy or any part of it;

3. Delete any content that is published on Privacy as a Creator, if, in the opinion of PRIVACY, this does not comply with these terms or national legislation;

4. Monitor the use of Privacy (including any content or message that the User posts or transmits on Privacy) to verify compliance with these Terms and/or any applicable law;

5. Investigate any suspected or alleged misuse or illegal use of Privacy and cooperate with law enforcement agencies in the investigation;

6. Disclose information about the use of Privacy in connection with the police investigation of any suspected or alleged illegal activity, or in response to a lawful court order;

7. Change payment providers. If PRIVACY does this, PRIVACY will make every effort to ensure the good faith and fair competition of the new Payment Provider and notify the User. The applicable details will be sent to the User's contact.

8. Periodically, PRIVACY may restrict Users' access to some parts of the platform, or the entire platform.

9. If the user does not accept and agree to all these conditions, they may not access or use the platform. The Privacy Policy describes in more detail how PRIVACY uses third parties to verify eligibility. 

  2. How it works?

1. Privacy is a social media platform that allows you to create a user profile, which in turn allows:

1. to upload User Content to be viewed by other Users and, after payment, have an Interaction to be used by other Subscribers; and/or

2. subscribe to view the content of a User, possibly having access to the Interaction.

 3. Account registration

1. To become a User, it is necessary to register and create a User Account on the Privacy platform. For this, a valid email address, a username, and a password or a valid Twitter account must be provided. It is a condition of use of the platform that all information provided on the platform is correct, up-to-date, and complete.

1. Privacy allows Users to connect a Twitter account and post any Privacy post on Twitter. By using this feature, the User must fully comply with and respect Twitter's terms of service, which can be read in full through this link: “https://twitter.com/tos"

2. At the moment, the platform supports only registrations of individual users. If the User intends to register as a legal entity, they should contact our customer service team by email at [email protected], requesting account opening by Legal Entity. It is necessary that a legal entity is active, that it is the holder of a bank account, and that the Proof of Registration and Situation Certificate and the constitutive act are forwarded.

3. Accounts will only be opened through a legal entity if: (i) the requesting individual is a Majority Control Person of a legal entity; and (ii) the applicant is linked to an Agent/Agency's Agent.

4. There will be accept only 1 (one) Legal Entity account per natural person, it is not possible a natural person has 2 (two) Legal Entity or more accounts for each Legal Entity that the natural person is involved. 

 1. In case of Agent/Agency and their clients, the Creator account may be created or modified, by the Agent/Agency owners, as long as the Privacy validate the following documents: (i) Agency Agreement; (ii) Specific power of attorney to represent the Creator in Privacy’s platform, that had been granted by the Creator to the Agent/Agency; (iii) Voice and Image Usage Agreement between the Creator and the Agent/Agency that the Creator is the assignor and the Agent/Agency is the assignee; and (iv) Updated Agency operating agreement duly registered in the competent organ. 

1.1    The foregoing documents shall have been sent to Privacy duly signed in conjunction with the certification of signature, or in case of digital signatures it will be conditioned to be a signature linked and verified by ICP-Brasil.

1.2.    If the Creator has management services provided by its Agent/Agency in its favor, the Agency Agreement shall have a express and specific clause that authorizes this service and the bank data management as well.

1.3.    The requirement shall be sent to [email protected] with the documents aforementioned duly attached.  

1.2.    If the Creator has management services provided by its Agent/Agency in its favor, the Agency Agreement shall have a express and specific clause that authorizes this service and the bank data management as well.

1.3.    The requirement shall be sent to [email protected] with the documents aforementioned duly attached. 

2. Privacy is not part of the relationship between the Agented Creator and the Agency/Agent and has no responsibility resulting from it.

1. You agree that all information provided as a User or otherwise, including, among others, the information provided by the use of any interactive features on the platform, are governed by PRIVACY's Privacy Policy at https://www.privacy.com.br/privacy and proceed based on how and why PRIVACY processes your personal data, as provided in PRIVACY's Privacy Policy.

2. If you wish to view the Content of a User, you will need to provide payment card details to a Payment Provider. Your payment card information is stored by the Payment Provider.

3. If you choose to enter two or more payment cards into your User Account, if payment from the first card is declined because the payment card is no longer valid, the other payment cards will be automatically triggered to charge the full payment.

4. If the Creator wishes to receive the payment of Commissions, they must include the payment options of their User Account and upload a valid form of identification. It may also be necessary to send additional legal information. The exact information will depend on your country of residence.

5. The amounts due to the Content Creator will be paid to him by one of our Payment Providers according to their payment options. PRIVACY does not store any data disclosed when registering your payment options with the Payment Provider. Section 5 describes the best payment processes.

6. By registering on Privacy, the User confirms that:

1. all registration and profile information of the User's Account is true, accurate, and that any User Content provided is solely theirs and does not infringe on the intellectual property rights or any other property rights of third parties;

2. if they had a User Account on Privacy, their old User Account was not closed or suspended by PRIVACY for violating the Terms of Service;

3. if the registration on Privacy is for personal use, it is prohibited to sell, lease, or transfer their User Account to third parties;

4. PRIVACY reserves the right to, at any time, verify the information provided to PRIVACY, as well as its compliance with the Terms. If PRIVACY cannot verify this, PRIVACY reserves the right to suspend the account.

5. the use of third-party payment acceleration for payments for subscriptions or any other service via Privacy is prohibited.

7. The User is fully responsible for all activities that occur under their contact and for keeping their login details provisional and secure. By agreeing to these terms, the user agrees not to disclose these details to any other person or entity, and must immediately notify PRIVACY at “[email protected]” if they believe someone has used or is using their account without their permission or if their account has been subject to any other security breach.

8. By agreeing to this term, the User agrees to ensure the logout of their account at the end of each session. The User should take special care when accessing their account from a public or shared computer so that others cannot access, view, or save their password or other personal information, as well as the content made available on the platform.

9. Each Creator is the owner of their own account and must have constant access to it. If the Creator has an Agent or Agency that assists in the operation of their Creator Account (or operates it on their behalf), this does not affect their legal personal responsibility for the Content made available and for all consequences of using the Account. The Agented Creator and the Agency/Agent will be jointly responsible for any damages caused to Privacy or third parties, ensuring that all posted Content and all use of the Account comply with the Terms of Service.

10. PRIVACY reserves the right to disable any username, password, or other identifier, chosen by the User or provided by PRIVACY, at any time and at the sole discretion of PRIVACY, for any or no reason, including if, in the opinion of PRIVACY, there has been a violation of any provision of the Terms.

11. The Creator, or anyone using the PRIVACY platform, is subject to the account validation fee, described in the glossary, in order to update their registration data, as well as the validation of their Subscribers' data, the burden of the platform's technology time such update and/or upon the Creator's request, all of which ensures the security/currency of the information involved.

12. The amount of the validation tax may vary from R$ 0.25 to R$ 2.00 per transaction made by the Creator with their Subscriber, not exceeding such amount, as delimited in this topic.

13. The new Creators’ accounts on the platform will be subject a previous validation and analysis procedure by PRIVACY to proceed the withdraw related to those sums that were made trough PIX and/or credit card, observing the clause 5.17 of the terms hereby.

1. Subscriptions and Purchases

1. To view User Content or use Interaction on Privacy, the User must first add a payment card to their account and click the 'Subscribe' button on the profile of the chosen Creator. The details of your payment card will be passed on to a Payment Provider, who will receive the payment from the card into PRIVACY's account.

2. By subscribing to the profile(s) of the chosen Creator(s) and by accepting and agreeing to these Terms of Use, the Subscriber is aware and agrees that the subscription made will be automatically renewed for the same period as that initially subscribed.  

   2.1. The Subscriber may cancel the monthly payments at any time by deactivating the “Automatic Renewal” option located in the content profile of the chosen Creator User or by contacting PRIVACY at “[email protected]”. 

   2.2. The User acknowledge and agrees, accepting the Terms of Use hereby, that the automatic renewal will be made considering the current price in the Creator’s profile independently if it is higher or lower to the price initially paid.

3. Privacy will not reimburse the Subscriber in the event of cancellation of their subscription, considering the provisions of item 5 of these Terms. Therefore, if the Subscriber cancels their monthly subscription, they will continue to be authorized to view the Creator's content until the end of the remaining period of existence, after which any additional payment will be received from their payment card and after that, the content of the Creator will remain unavailable. Creator.

4. The amount of Subscriptions, defined by the Creator, will always be in current currency (Reais). The amount paid by the Subscriber will vary according to the currency exchange rate at the time of payment. Any exchange fees are passed on to the Subscriber.

   4.1. The Creator expressly agrees, accepting the Terms of Use hereby, that its content will be priced as the Creator prefers, observing and respecting the minimum and maximum values hereof R$ 19,90 to R$ 200,00.

5. In the modality “Privacy Challenge”, just PIX payments are accepted, the User acknowledge and agrees with the following conditions:
   

   5.1.   Privacy is not liable for terms, goals or any acts that result from the modality stablished by the Creator, it’s a solely Creators’ lability;
   5.2.    The minimum goal is R$ 50,00 (fifth reais) to R$ 2.000,00 (two thousand reais). The Creator is free to decides and determines the goal split, time and the conditions to participate before its posting. Once the challenged is published, the prices and conditions can’t be changed.
   5.3.   The goals may be achieved or not, in both cases the User acknowledges and agrees that won’t be due any refunds.
   

6. The Right of Regret provided for in article 49 of the Consumer Defense Code does not apply to purchases made on Privacy, given that the Content is an immediately consumed infoproduct, which excludes the possibility of regret. Therefore, it is not possible for the Subscriber to cancel the transaction after payment confirmation.

7. The non-application of the Right of Regret does not affect any right of the Subscriber to be refunded by the Creator in case of non-fulfillment of obligations by the latter, under the terms of the Consumer Defense Code.

8. Without prejudice to the provisions of the previous item (6), Privacy aims to remain within legal guidelines with its consumers. However, the fulfillment of the refund requested by the Subscriber must demonstrate the failure of the Creator to comply with the obligation as provided for in the previous item. Therefore, the Subscriber undertakes and agrees, in these terms, not to request a refund unduly or in bad faith, and if a refund is requested unduly or in bad faith, Privacy is free not to make it, as well as suspend or delete the Subscriber's account.

               8.1. Without prejudice to the provisions of the previous item (7), the Subscriber will have the right to request a refund in cases where he has been a victim of fraud, that is, making a payment in favor of someone else who has induced or kept the Subscriber in error through means fraudulent. To request a refund, the Subscriber must contact us via email: [email protected] or customer service via chat https://www.privacy.com.Br/faq. The request will be analyzed by the Privacy risk team to verify the alleged fraud, and, if confirmed, the respective refund will be made. Refunds, however, will not be made in the case of a request motivated by dissatisfaction with the content purchased.

    9. The Policy applies to all disputes and/or disagreements that may arise between users and Privacy in connection with the usage of    the services provided by Privacy platform. You must notify Privacy of a dispute via the official email addresses indicated on the platform, detailing the nature of the dispute, relevant transaction details, and any supporting evidence. Disputes must be raised within 24 hours from the occurrence of the transaction in question or any other matter. Upon receiving a dispute notification, we will acknowledge receipt within 5 business days. The dedicated team will review the dispute, which may involve gathering additional information from you or relevant third parties. Privacy team aims to resolve disputes within 30 working days from the acknowledgment of the dispute.

1. Commission Payments

1. PRIVACY intermediates the collection of revenue by the Creator, from the amounts paid by the Subscriber. Once PRIVACY validates the transaction through its platform regarding the collection by the Creator of the payment made by the Subscriber, this will have no further responsibility with the Creator, who agrees that the Subscriber views the Creator's Content or uses the Interaction.

2. PRIVACY will ensure that the Payment Providers transfer the revenue to the Creators, previously deducting from this amount the commission and fees charged by PRIVACY, as well as the payments due to the Payment Providers.

3. The Commission will represent 20% of the revenue generated by the Creators that receive for making content available to the Subscriber or for using the Interaction.

4. Just as the Subscription amount defined by the Creator, all Commissions and fees will be paid in Real, regardless of the currency used by the Subscriber to make the payment of Revenue.

5. The Revenue can be withdrawn by the Creator as soon as the amount becomes available in their account, however, if it is the first Creator’s account withdrawal it will be conditioned to the procedure in the clause 3.16 hereof. The availability time may vary according to the chosen form for the payment of Revenue:

1. Card: the Commission will be available for withdrawal in 15 calendar days, counted from the approval of the Revenue payment. Sales proceeds that are processed nationally will be transferred via PIX or TED; international purchases processed require a period of up to 2 (two) business days for the transfer to be effected;

2. Boleto: the Commission will be available within up to 2 business days of the boleto clearance;

3. PIX: the Commission will be made available in the Creator's wallet as “PIX Balance to Release” and, will be available for withdrawal from the moment the creator has at least R$ 30.00 (thirty reais).

1. The redemption of values will only occur by transfer to a bank account of the same ownership of the Creator. That is, the Revenue will be exclusive to a bank account linked to the same CPF or CNPJ linked to the User's account. If the Creator opts to receive the Revenue in a bank account owned by a legal entity, they must register their User Account as a legal entity, according to clause 3.2.

2. If the Creator opts to create their account through an Agency/Agent, according to clause 3.3, the Revenue will be exclusively provided for a bank account linked to the CNPJ/CPF of the Agency/Agent. Any payments to the Agented Creator will be the full responsibility of the Agency/Agent, under the terms of the agreement between the Agented Creator and the Agency.

3. The redemptions of values paid with a card or boleto will be transferred to the bank account owned by the Creator through TED. In this mode, the value may take up to 2 business days to be available in the bank account. The redemptions of values paid with PIX can be carried out through PIX.

4. The Creator is entitled to 1 (ONE) tax redemption per month. For other redemptions, a fee of R$ 3.50 (three reais and fifty cents) will be charged, deducted from the amount to be withdrawn. Transfers via PIX are exempt from fees.

5. To perform a withdrawal of their Revenue from their Account on Privacy, the Creator must have a minimum amount of R$ 30.00 (thirty reais) deposited in this account. This value can be verified on the page “My Bank”, and will vary according to their country of residence and the form of carrying out the withdrawal.

6. Except in the possibility of opting for bank transfer payment, we will not provide any data informed by any user when registering their payment options with a third-party Payment Provider.

7. All payments to view the User Content or use the Interaction are final and non-refundable, as provided in clause 4.5.

8. If PRIVACY becomes aware that a Subscriber requests and received a Refund or Chargeback, the appropriate extrajudicial or legal measures will be taken.

9. Any purchase of the right to view the User Content or to use an Interaction that is subsequently subject to a Refund or Chargeback may result in the immediate and permanent deletion of the User's Account from Privacy.

10. If the Subscriber successfully carries out the Refund or Chargeback, which may occur regardless of PRIVACY's agreement, the Creator authorizes PRIVACY to deduct from the Creator's Revenue the amount that had been received by them for the transaction.

11. The Creator may be alerted about the Refunds or Chargebacks of Subscribers.

12. The first Creator’s account withdrawal will be subject a PRIVACY’s validation and analysis procedure to verify the revenue content and its compliance with the law and the terms hereof. If necessary, the validation and the analysis will be done by PRIVACY and its result will be dully reported to the respective Creator in 24h (twenty-four hours), considering the business days, Monday to Friday. 

13. Revenues owed to the Creator, but not yet paid, may be fully or partially retained if:

1. there are reservations that the Creator is repeatedly violating our Terms of Service;

2. the Creator attempts or threatens to violate our Terms of Service, so that there is a risk of harm to us or another user;

3. there may be suspicions that the revenue is the result of illegal activity, both on the part of the Creator and the Subscriber. In this case, the retention will last for the time necessary to investigate the facts;

          19.During the investigation, if we conclude that (i) the Creator repeatedly violated the Terms of Use; (ii) the Creator attempted or threatened    to violate our Terms of Service, generating a risk of harm to us or other Users; and/or (iii) as revenues resulting from illegal activity, we will notify the Creator of the confiscation of their revenue.

          20. We are not responsible for the retention or confiscation of the Creator's Revenue, as long as according to these Terms of Use

          21. If, after the investigation is concluded, we conclude that the confiscation of the Creator's Revenue is due, we strive to return the amounts to the Subscribers whose payment was the subject of the confiscation

          22. If we retain the Revenue owed to the Creator, in whole or in part, and verify that part of the retained Revenue is not related to a violation of the Terms of Service or illegal activity, making the payment of amounts not related to the violation of the Terms of Service or illegal practice.

          23. However, the Creator agrees that, if we consider that the violation of the Terms of Service involved or that may have caused damage, we will retain all the Creator's Revenue due, but not yet paid, and will offset these values with the damages suffered by us.

1. Fiscal and Tax Compliance

1. We recommend that all Creators seek professional guidance to ensure compliance with local tax and fiscal regulations;

2. By using Privacy as a Creator, the User guarantees that they declare and will declare all income obtained through the platform, for the appropriate taxation purposes, under the terms of the law.

3. By using Privacy as a Creator, the User guarantees that they will always comply with the tax laws and regulations applicable to them.

4. The Creator is solely responsible for complying with their tax obligations.

5. Privacy is not responsible for the non-compliance of the Creator's tax obligations.

6. The main Income and Receipt Reports should be requested by the Creators from the Payment Providers and their respective Financial Institutions, given that the Privacy platform is only an intermediary, not making payments.

7. The IRPF and Income Tax of the Creator are entirely their responsibility, not having any obligation of the Privacy platform to forward an income report or any other document to the Creator, given that it is entirely their responsibility to account for and declare their revenues before the tax authorities.

8. We reserve the right to terminate your Privacy account if we are notified or become aware of any tax non-compliances on the part of the Creator.

1. Relationship between Subscriber and Creator

1. The Relationship between Subscriber and Creator arises when a User shows interest in the Creator's content and decides to become a Subscriber of this.

2. Each time a relationship between Subscriber and Creator is initiated on Privacy, these terms override any terms that may be proposed by both the Creator and the Subscriber, and these Terms legally bind them.

3. The only parties in this Relationship are the Subscriber and the Creator participating in the relationship between the Subscriber and the Creator.

4. PRIVACY is not part of the Relationship and does not grant any rights in relation to, nor participates in, any Relationship between Subscribers and Creators, except to act as a social media platform and payment intermediaries.

5. By entering into a Relationship, the Subscriber agrees to the payment of the applicable Revenue to the Relationship as informed by the Creator.

6. The Subscriber and the Creator participating in the Relationship authorize PRIVACY to act as a means of payment and to collect, retain and process the payment of the Revenue, deduct the Validation Fee and other charges, and pay the Commission due to the Privacy platform, as described in these Terms.

7. Once the Subscriber has made the payment of the Revenue, the Creator grants the Subscriber a license to access their content. This license is non-transferable, non-sublicensable, and non-exclusive.

8. The Creator may create Content whose license is not covered by the Subscription. If the Subscriber wishes to access these contents, they must make the payment of the value stipulated by the Creator.

9. The contents indicated in the previous item will have guaranteed viewing for 60 (sixty) days counted from the Subscription dates.

9.1  - When uploading a “single post”, the Creator agrees to keep the publication on the platform for at least 60 days or until the viewing period of the Subscriber described in the previous topic has expired.

1. The Subscriber participating in the Relationship releases and agrees that the license of the Content does not result in the acquisition by the Subscriber of any rights over or to the Content, these rights are retained by the Creator of the Content.

2. The license granted to a Subscriber will automatically expire without notice in the following situations:

1. if the payment of the Revenue is not successful for any reason;

2. at the end of the subscription period, unless it is set to be automatically renewed as described in the Privacy Terms and Conditions clause 2.1;

3. if the Subscriber's Account is suspended or terminated for any reason;

4. if the Subscriber violates the Privacy Use Policy (whether in relation to the Content or overall);

5. if the Creator requests the cancellation of the Subscriber's Subscription who practices behaviors incompatible with the Use Policy, such as, but not limited to, insults, harassment, and threats. In this case, the value of the Revenue paid by the Subscriber will be refunded;

6. if the Content is removed by the Creator from their account;

7. if the Subscriber terminates their user account on Privacy.

1. The Subscriber and the Creator participating in the Relationship agree to comply at all times with the Privacy Use Policy in relation to the Content.

2. The Subscriber participating in the Relationship agrees to make the necessary payment to access, view, or interact with the Content, and agrees not to request a chargeback, except in good faith, in cases of non-compliance with the obligations by the Creator.

3. Users agree that the Creator's Content will be made available to the Subscriber:

1. After the confirmation of the payment of the Revenue, when made with a card or PIX;

2. After the settlement of the bank slip.

1. The Creator guarantees, under the penalties of law, that they hold all the necessary rights over and to the Content, since licensing it to the Subscriber without restriction that this will access the Content. Furthermore, they guarantee that they have obtained all the necessary permissions and releases to grant the license.

2. The Creator is solely responsible for creating and sending the Content, and does not offer guarantees that they will continue to create and upload Content continuously. However, there is partial refund of the Revenue Paid by the Subscriber if they have opted for the Quarterly or Semester plans, and the Creator stops creating and sending Content.

3. Unless there has been casual negligence or another breach of duty by the Creator, access by the Subscriber to the Creator's Content is done at the Subscriber's own risk.

4. The Subscriber participating in the relationship allows the Creators to add and remove Content from their account at any time, and to have the discretion to decide what type of Content to make available in their account, provided it is specific to the segment indicated in their account.

5. The Subscriber participating in the relationship that there may be certainties in which it is not possible to access the Content provided in the relationship, including:

1. 1. 1. consult the Creator's account for suspension or archiving;

      2. see the Subscriber's account for suspension or archiving;

      3. if the total or partial availability of the Privacy platform is suspended or inaccessible; or

      4. if the Creator cannot create or upload Content in the future.

20. Notwithstanding Privacy is always pulling out all the stops to keep interactions security it doesn’t make Privacy liable for any action between the Creator and the Subscriber in a private communication channel.

21. The Creator and Subscriber shall keep respect and civility on the private chat. It’s strictly prohibited for either parties the sharing of illegal, abusive or that violate third-party rights content.

22. The Creators may use the private chat to offer or receive, through the payment of the price by the Subscribers, of additional media packs. All transactions shall be done in compliance to Platform’s guidelines and based on honest and transparency.

22.1 The Creators shall allow to Subscribers to send medias through the private chat with the respective payment, that the price will be defined by the Creator of the content and will be limited to max of R$ 2.000,00 (two thousand reais) per media pack.

22.2 Each media pack sent by the Subscriber to Creator may has more than one photo or video, it will be defined by the Creator.

23. The Creator and Subscriber are solely responsible for the sending content on the private chat and acknowledge and agree to not share content that may be considered offensive or illegal.

24. Privacy reserves the right to follow up the private conversations on the private chat to keep its use in compliance to the Terms of Service.         

1. Account Deactivation

1. If you wish to deactivate your association with Privacy, it should be done in the “SETTINGS/SECURITY” section.

2. For Platform Users, any request for profile deactivation, regardless of the reason, will be processed within a maximum period of 10 (ten) business days, with the starting date being the request date submitted to the appropriate channel. Any active subscriptions will be restored and cannot be renewed thereafter.

3. If you are a Creator, you may only deactivate your account once your last subscription expires, withdraw any balance from your digital wallet within Privacy, and ensure there is no negative balance on the platform.

4. If a User is both a Creator and a Subscriber, the account will be deactivated in two stages (Subscriber and then Creator).

5. The User will receive a confirmation email after the successful deletion of their account.

1. Intellectual Property Rights

1. Except for the User Content, which is the exclusive property and responsibility of the Creator, the platform and all its content, features, and functionalities (including, without limitations, all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof) are owned by PRIVACY, PRIVACY's licensors, or other suppliers of such material and are protected by copyright, trademark, patents, trade secrets, and other intellectual property or proprietary rights laws.

2. The User is prohibited from distributing, modifying, creating derivative works from, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any material from the platform, except for the storage of files that are automatically cached by your web browser for display enhancement purposes; and

3. If the User prints, copies, modifies, downloads, or uses or provides to any other person access to any part of the platform in violation of the Terms, their right to use the platform will terminate immediately, and the User must return or destroy any copies of the materials made.

4. Other than User Content, no right, title, or interest in or to the platform or any content is transferred to any User or Creator, and all rights not expressly granted are reserved by PRIVACY.

5. Any use of the platform not expressly permitted by these Terms is a violation of these Terms and may violate copyright, trademark, and other laws, subject to legal sanctions under current Brazilian legislation.

6. The name “Privacy”, the logo, colors, all names, product and service names, designs, and slogans are trademarks of PRIVACY or its affiliates, or PRIVACY's licensors. The User must not use these marks without the prior written permission of PRIVACY. All other names, logos, product and service names, designs, and slogans on the platform are the trademarks of their respective owners.

7. By registering on the platform, the content creator grants Privacy broad powers to represent their interests, individually or collectively, in a judicial or extrajudicial manner and to take the measures they deem appropriate, relating to the content made available and data protection.

1. License

1. Subject to all terms, conditions, limitations, and restrictions contained in these Terms, we grant users a conditional, irrevocable, non-transferable, non-sublicensable, non-exclusive, and limited license to use the platform for their own legitimate interest and only for personal use.

2. The User authorizes and agrees that the previous license may be revoked or rescinded by PRIVACY at any time and for any reason (including, without limitations, in case of violation of these terms or any applicable law).

3. Any use of Privacy not expressly permitted by these terms is restricted. All rights not expressly granted here are reserved by PRIVACY.

4. PRIVACY does not guarantee that Privacy is compatible with all devices and operating systems. It is the sole responsibility of the User to determine whether Privacy is compatible with their device.

1. Acceptable Use

1. PRIVACY requires all Users to respect and comply with these Terms at all times when using the platform provided by Privacy.

2. The User is prohibited from:

1. using the platform provided by Privacy for anything other than their legal and personal use, in accordance with these Terms;

2. impersonating PRIVACY, one of PRIVACY's employees, another User, or any other person or entity or falsely stating, suggesting, or otherwise disturbing any association, endorsement, sponsorship between the Subscriber/Creator and PRIVACY and/or any other person or entity;

3. falsifying account registration information or making unauthorized use of third-party information or Content;

4. using Privacy in any way or for any purpose that is illegal or dishonest, including engaging in any activity that violates any right of any person or entity, with the infringing User being solely and exclusively responsible for the infringement, subject to the hearings of current Brazilian legislation;

5. copying, reproducing, distributing, modifying, or creating derivative works from any part of Privacy without express written permission from PRIVACY;

6. using Privacy to exploit, harm, or attempt to exploit or harm minors in any way, exposing them to inappropriate content, soliciting personally identifying information, or otherwise;

7. any conduct that restricts or inhibits anyone's use or enjoyment of the platform or that, as determined by PRIVACY, may harm PRIVACY or Users of the platform or expose them to any kind of indecent disclosure;

8. the use of extensions, plugins, and others that make, allow and/or aim to copy, reproduce and/or export publications and materials produced by any Content Creator, under penalty of the appropriate legal measures being taken. 

9. replicate, make available, save for sharing purposes, share, reproduce any publications of any Content Creator, under penalty of legal action being taken.

10. sending spam to other users, whether Creator or Subscriber.

1. The user must not create, upload, post, display, publish, or distribute User Content that:

1. is illegal, fraudulent, defamatory, hateful, discriminatory, threatening, or harassing, constitutes an apology to pedophilia, or in any way incites violence or any of the prohibitions mentioned above;

2. infringes on the copyrights, trademark, right to privacy, right of publicity, or other property or personal right of another person (for example, using the name, image, likeness, or other identity of another person without privacy);

3. promotes in any way escort services or disseminates or incites, in any way, to prostitution;

4. promotes or advertises weapons, drugs, and paraphernalia for drug use;

5. promotes any illegal activity under current legislation, or promotes, assists, and omits any illegal act;

6. causes annoyance, inconvenience, occasional anxiety, disturbance, defamation, injury, slander, alarm, or irritate any other person;

7. involves all third-party commercial activities or sales, such as contests, sweepstakes, and other sales promotions, exchanges, or advertising;

8. gives the impression that it emanates from or is endorsed by PRIVACY or any other person or entity, if this is not the case.

9. contains blood, apology to Nazism, racism, dissemination of hate, incest, or narratives that allude to incest, necrophilia, zoophilia, urine, scatological material or related to excrements; violence, rape, any reference to or context of lack of consent, sexual assault, torture, sadomasochistic abuse, humiliation, domination, mutilation, or intoxication. 3.1 It is prohibited for the user to use explicit images in their profile picture and/or cover photo. If this conduct occurs, PRIVACY reserves the right to suspend the creator's page until the available settings are offered.

1. User may not remove, delete, modify or tamper with any copyright, trademark or other proprietary rights notice contained in any User Content.

2. The User may not use the Platform in any way that could disable, overburden, damage, impair or interfere with any other party's use of the Platform, including their ability to engage in real-time activities through the Platform.

3. The User may not decompile, disassemble, reverse engineer or attempt to discover or derive the source code of Privacy.;

4. The User may not interfere in any way with the operation of Privacy or any server, network or system associated with Privacy, including, without limitation: hacker attacks, bombings, floods, overloads or "denial of service" attacks; probe, verify or test the vulnerability of the platform or any server, network, system associated with the platform; violate or circumvent firewall, encryption, security or authentication routines; access information not intended for any user or access another user's account without express authorization to do so.

5. The User shall not use the Privacy platform for unauthorized purposes, including, without limitation, for the purposes of creating a competitive product or service, performance or functionality, or for other competitive purposes.

6. Users are prohibited from using any automated program, tool or process (including, without limitation, web crawlers, robots and automated scripts) to access Privacy or any network or system associated with Privacy, or to scrape, collect, harvest or collect Privacy content or information.

7. The User is prohibited from using Privacy in a way that violates these Terms or any applicable law.

8. Any Content posted that is reported by another user or by Privacy and that is considered unacceptable by PRIVACY will be deleted and the User notified by email.

9. Users who repeatedly violate PRIVACY's acceptable use policy may be disabled.

10. ” If PRIVACY realizes that a User is underage, PRIVACY will immediately delete the User's contact and delete all information and Content of that User from Privacy

11. If you are a parent or legal guardian and you learn that your child, ward or minor guardian has registered with Privacy, immediately notify PRIVACY at “ [email protected]

12. By registering an account on Privacy, the user declares and warrants that:

1. they are at least 18 years of age;

2. will fully comply with these Terms;

3. will assume full responsibility for the use of Privacy on any device, whether owned by them or not;

4. will assume full responsibility for any User Content created or provided; and

5. their use of Privacy will not violate these Terms or any applicable law.

1. When using Privacy on behalf of a company or another entity, the User guarantees that they are authorized to grant all licenses set forth or resulting from these Terms and that they are authorized to bind the company or other entity to these Terms.

2. Photographers are allowed to remain on the platform as Creators and publish User Content, provided that the Authorization for Image Disclosure Form, RG front and back, a selfie photo holding the document next to the face of all those who appear in the publications are duly signed and sent before its upload available on the Platform. The documents must be sent to the email: [email protected].

3. Creators must maintain fidelity between the published content and that offered, being liable in cases of discordance. Similarly, PRIVACY reserves the right to temporarily suspend the Creator's account until such discrepancies are eliminated.

4. Good Platform Use Practices: When using a platform, the User/Subscriber commits to maintain civility and treat Creators cordially, also refraining from disclosing to third parties any of the publications posted on the Creator's page. If any of these conducts is verified, the Content Creator may request PRIVACY to remove the Subscriber from their list of subscribers, in such a way that this does not entitle to a refund for the amounts spent with the subscription.

1. Policies and Services for Live Streams on Privacy Live  

   12.1. Eligibility for Creators

1.1.1.    Only creators with a verified profile can conduct live streams.

1.1.2.    Creators with a free profile may conduct live streams only if they already have another verified profile.

1.1.3. The creator must keep their account in good standing and meet the eligibility criteria outlined in the Terms and Conditions of Use and other Privacy Policies. Before starting a live stream, the creator must acknowledge and agree to the following rules:

a) Agree to and accept the General Terms and Conditions of Use.

b) Not conduct or promote lotteries or raffles.

c) Not engage in or display explicit sexual acts.

d) Not conduct or promote advertisements or other announcements.

12.2 Subscriber Access

2.2.1. Access to the live streams by subscribers will be conditioned upon the payment of the amount set by the Creator, only after the live stream has begun.

12.3 Services and Features

12.3.3.1. Live Stream

3.1.1. Each Creator may conduct only one live stream per day, with a maximum duration of 1 (one) hour. If a live stream is started and lasts less than 1 (one) hour, the Creator will not be able to conduct a second live stream on the same day, even if the maximum time limit has not been reached.

3.1.2. Early promotion of the live stream will be allowed after it has been scheduled on the platform, allowing users to be informed about the event.

3.1.3. The live stream may be canceled before its start, without any harm to users, as no payment will be made before the stream begins.

12.3.3.2. Monetization  

3.2.1. The Creator expressly agrees that the pricing for live stream subscriptions will be set at their discretion, respecting the minimum and maximum amounts of R$ 29.90 and R$ 150.00.

3.2.2. Subscribers may send Gifts to the Creator during live streams

 12.3.3.3 Security and Moderation

3.3.1. The live stream will include a reporting channel through which subscribers can notify Privacy about streams containing prohibited content, such as explicit sexual content, child pornography or rape apologia, zoophilia or animals appearing in the video, miscellaneous advertisements, raffles or lotteries, blood or scatological material, sharing or requesting personal information from users, and unauthorized explicit use of trademarks for sexual purposes.

3.3.2. Creators and Subscribers agree that Privacy may interrupt the live stream in cases of conduct that violates the Acceptable Use Policy as outlined in the Terms and Conditions of Use of the platform, without any liability.

12. 4. Penalty Policies

4.1.1. The Creator agrees that in case of violation of these guidelines, as well as the Terms and Conditions of Use and other applicable policies, the following penalties will apply:

a) Light Punishment: 7 (seven) days without access to the live stream feature.
b) Medium Punishment: 14 (fourteen) days without access to the live stream feature.
c) Severe Punishment: Permanent ban from the live stream feature.

4.1.2. The application of the sanctions described here will be determined by the Social Network, without prejudice to other sanctions that may be outlined in the Terms and Conditions of Use. In case of illegal behavior, the Creator will be fully banned from the platform, with their documentation blocked to prevent new registrations. When necessary, Privacy will document everything relevant and forward it to the competent authorities, always respecting the applicable legal provisions.

12.5. Withdrawal

5.1.1. Earnings from the live stream will be available for withdrawal by the Creator within 72 (seventy-two) hours or up to 3 (three) business days after the stream ends, provided the content is approved by Privacy's moderation.

12. 6. Rules for Subscribers

6.1.1. By using the live stream, the Subscriber agrees to the following conditions:

a) The only payment will be via PIX.

b) There will be no refunds or chargebacks, except when provided in the General Terms and Conditions of Use.

c) Only live streams from followed Creators will be accessible, displayed in chronological order of their start. Insults, hate speech, harassment, or discriminatory behavior are strictly prohibited.

d) The disclosure of personal data such as addresses, phone numbers, emails, or social media, among other personal data, whether of the Subscriber or other participants, is not allowed.

e) Unauthorized sharing of links, live stream content, screenshots, or recordings is strictly prohibited.

f) The Subscriber must use the platform appropriately, adhering to good practices, the Terms and Conditions of Use, and applicable legislation.

g) Non-compliance with the Policies and guidelines will result in penalties as outlined in Privacy's Terms and Conditions of Use.

12.7. Liability Limitations 

7.1.1. The Live is a live streaming service. Accordingly, the Creator agrees that the Content will consist of live material. The Creator must obtain and maintain at all times—and will bear full responsibility if failing to do so—all rights, consents, approvals, permissions, and licenses necessary for the use, reproduction, transmission, streaming, distribution, performance, and display (public or otherwise) of the Content. The Creator further agrees to immediately remove any content from their Privacy account that violates the Terms and Conditions of Use.

7.1.2. The Creator is solely responsible for their Content and for the consequences of its disclosure or publication. The Creator represents and warrants that: (1) they are the Creator or own or control all rights to the Content, or otherwise have sufficient rights and authority to grant the rights granted herein; (2) their Content: (a) does not and will not infringe, violate, or misappropriate any third-party rights, including but not limited to copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, or any other intellectual property or proprietary rights, and (b) does not and will not defame any person; and (3) the Creator’s Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code. Privacy reserves all rights and remedies against any users who violate these representations and warranties.

7.1.3. The Creator agrees and declares they will not use copyrighted music.

7.1.4. The Creator is not permitted to play any recorded content during the live stream.

13. User Content

1. 1. By creating and posting User Content on Privacy, the Creator authorizes their Subscribers to access and view (without downloading or copying) the User Content on Privacy for their legal and personal use.

   2. The Creator guarantees, confirms, and assumes that, for each submission:

1. They hold a valid license for, or otherwise control all rights over and to the posted content;

2. When including or using any third-party property, they hold all the necessary rights, licenses, consents, and written releases for the use of third-party property in the User Content;

3. It is prohibited for the Creator to publish content depicting a person under 18 years of age;

4. There was prior inspection and access to sufficient written documentation to confirm that all subjects of their submission are 18 years or older;

5. The User Content is not confidential and will be made available to their Subscribers on the Privacy Platform through their portal “privacy.com.br”;

6. The Content is of guaranteed quality, taking into account any description of the Content, the price, and all other relevant situations, including any statement or representation that the Creator makes about the nature of the Content on their account or in any advertisement;

7. The Content is suitable for the purpose that the Subscriber had when showing interest in consuming this Content.

1. If the Creator submits Content to their account, showing any other person other than them or in addition to them (even if that person cannot be identified from the Content), this Content is considered Co-authorship Content, and the Creator guarantees that each individual shown in the Content submitted to their account:

   1.    Duly completed and signed the Privacy’s “Terms of Image and Voice Use”.

   1.1 Should the “Terms of Image and Voice Use” isn’t duly completed, signed and sent to Privacy, it will not accept any other documents to replace that one aforementioned. The Creator acknowledge and agrees in case of the Privacy’s referred document is missing, Privacy may exclude the content, considering the breach of this disposition.

   2. Gave express, prior, and fully informed consent for their participation in the Co-authorship Content, with the Creator responsible for proving it through the duly submitted Authorization for         Image Disclosure Form, which may be requested at any time by Privacy.

                 3. Consented to the publication of the Co-authorship Content on Privacy.

14. Copyright Law

1. Privacy respects the intellectual property rights of third parties and complies voluntarily with the Copyright Law (LDA). Non-compliance with the LDA will result in the deletion of the published Content.

2. The User who repeatedly violates the LDA will be subject to the deletion of their account on Privacy.

15. Links to the Platform and Social Media Features.

1. Any user can create a link to Privacy's homepage, provided it is fair, legal, and does not damage PRIVACY's approval or take advantage of it, but must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of PRIVACY.

2. The platform may provide certain social media features that allow:

1. link from own or third-party sites to specific content on the platform;

2. send emails or other communications with specific content or links to specific content on the platform;

3. make limited portions of content on this platform be displayed or appear on your own website or on some third-party websites.

1. The User may use these features only as they are provided by PRIVACY and only with respect to the Content with which they are displayed on this platform. However, the User must not:

1. Establish a link from any website that is not owned by them;

2. Cause the platform or parts of it to be displayed, or appear to be displayed by any other site, for example, framing, direct linking, or in-line linking

3. Link to any part of the platform other than the homepage;

4. Share or request to any Users’ personal data as well as Creators’ ones.

5. Otherwise, take any action in relation to the materials on this platform that is inconsistent with any other provision of these Terms.

1. The User agrees to cooperate with PRIVACY to stop any unauthorized framing or linking immediately. PRIVACY reserves the right to withdraw linking permission without notice.

2. PRIVACY may disable all or any social media features and links at any time without notice, at the discretion of PRIVACY.

16. Links from the Platform

1. If the platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner ads and sponsored links.

2. PRIVACY has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

3. If you decide to access any of the third-party websites linked to the platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

17. Referral Program and Incentive Payment

1. PRIVACY offers a referral program that encourages Users to introduce Privacy to people interested in becoming Users. This clause establishes when PRIVACY will make an Incentive Payment.

2. PRIVACY reserves the right to change the way Incentive Payments are made, but no change will deprive Users of Incentive Payments already received before the changes take effect:

1. Users with a validated user account on Privacy may participate after being chosen by the PRIVACY team;

2. each User account has a unique referral URL that allows Users to receive Incentive Payments;

3. the referred User must use the referring User's URL and then register on Privacy using the same browser used to click on the referral link;

4. the referred User must be someone who has never been or was an existing User. If the referred user has been or was an existing User, PRIVACY will not make the Incentive Payment to the referring User;

5. PRIVACY will not make Incentive Payment if the referred User does not register on Privacy using the correct referral link;

6. if the referred User sets up more than one new User Account, the obligation to make the Incentive Payment will only apply to the commissions received on the first referred User Account. The referred User will only be a new User concerning the first User account.

7. Users cannot use deceptive business practices to represent Privacy with the intention of forwarding other Users to receive Incentive Payments in the form of a “pyramid scheme” (in other terms, “financial pyramid”).

1. If it is verified that Incentive Payments were made incorrectly, PRIVACY reserves the right to recover these amounts from the referring User.

2. To ensure that the referral program is not abused, PRIVACY reserves the right to verify the credentials and identity of the referred Users and the Users claiming to have introduced the referred Users.

3. The Incentive Payment will be processed on the first business day of each month and paid according to the terms of the Payment Provider.

4. The Referral Payment is deducted from the amount that PRIVACY would retain from the transaction and not from the amount earned by the referred User.

5. The Incentive Payment is valid for 6 months after the referred User enters Privacy.

1. More information on how the restriction program works can be found at: “https://privacy.com.br/referrals”

18. Disclaimer of Warranties; Limitations of Liability

1. All services and features provided to Subscribers are without any warranty of any kind, expressed or implied. To the maximum extent permitted by law, PRIVACY is exempt from all and any warranty, expressed or implied, regarding Privacy and all its services and features, including, and without limitations, implied warranties of merchantability and fitness for a particular purpose.

2. PRIVACY does not guarantee the accuracy, privacy, completeness, or reliability of privacy or the results of its use.

3. PRIVACY is exempt from all liabilities arising from any trust placed in such materials by the User, by any other visitor to the platform, or by any person who may be informed of any content.

4. PRIVACY also does not guarantee that Privacy and all its services and features:

1. will be available at any specific time or location;

2. will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or

3. are free of viruses and other specific components. The user is responsible for implementing sufficient procedures and checkpoints to satisfy their specific requirements for protective recovery and data input and output isolation and for maintaining an external means to the platform for any recovery of lost data. To the maximum extent provided by law, PRIVACY will not be liable for any loss or damage caused by a distributed denial of service attack, viruses, or other technologically harmful material that may infect your equipment, programs, data, or other proprietary material due to the use of the platform or any services or items obtained through the platform or to downloading any material posted on it, or on any website linked to it.

1. The use of Privacy and its services and features are solely and exclusively at the User's own risk. The above does not affect any warranty that cannot be excluded or limited under applicable law;

2. PRIVACY does not guarantee that the use of the platform will be uninterrupted or error-free 24 hours a day, seven days a week, as PRIVACY may need to perform maintenance on the platform periodically. However, PRIVACY will concentrate its efforts to perform any maintenance of this platform outside of business hours (between 09:00 and 18:00, Brasília time) and PRIVACY will strive to provide prior notice, however, this will not always be possible.

3. Under no circumstances will PRIVACY be liable for contract, tort, negligence, strict liability, or under any other legal or equitable principle, for any indirect, incidental, exemplary, special, punitive, or consequential damages (including, and without limitations, loss of use, profits, data, or information or loss of goodwill or business opportunity) arising from or related to your use (or your inability to use) of Privacy or any of its services or features.

4. PRIVACY will not be liable if User Content is illegally distributed by another User; however, when such distribution occurs, contact PRIVACY at “[email protected]” and PRIVACY will seek, within its reach, to prevent the continuation of such distribution.

5. Under no circumstances will PRIVACY be liable for any consent of the User arising from or related to the use or inability to use Privacy or any of its services or features.

6. As some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, any and all illicit acts found originating from the Privacy platform will follow the applicable Brazilian legislation.

7. Privacy will not be held responsible, whether civilly or criminally, for any Content made available by Users, being prohibited:

1. the publication of content containing minors under 18 (eighteen) years of age or that makes an apology to pedophilia;

2. indication of minors under 18 (eighteen) years of age, as well as, using any means to make available to minors the Content sent to the Privacy platform;

3. advertising for escort services, promoting means to incite prostitution, as well as, using any means to promote through the Privacy platform any type of sexual exploitation or pimping;

4. using the platform as a means of “pyramid marketing” by using it to generate profits through the forwarding of links to various users in a pyramid, to the point of generating revenue through subsequent accesses;

5. any manifestation of hate such as, but not limited to racism, xenophobia, homophobia, religious intolerance, social class, physical, personal, and financial characteristics;

6. carrying out any manifestation in any direction with the purpose of causing injury, defamation, or slander before the users, or third parties who are not users of the Privacy platform.

7. Use the Privacy platform for diverse use, such as disclosure, marketing of any nature, e-commerce, among other activities that deviate from the specific of the platform.

1. The User who, when using the platform, carries out any of the illicit acts listed above, will be subject to the legal sanctions of the current Brazilian legislation, and Privacy is exempt from responsibility for any of these conducts.

2. If any User identifies any of the conducts mentioned above, they should immediately contact support through the email [email protected], so that the competent authorities can be notified as soon as possible.

3. Privacy will also not be held responsible if:

1. the use of the services does not meet the expectations of the User;

2. there are any direct, indirect, incidental, special, consequential, or exemplary damages, suffered by the User, caused under any theory of liability. This includes, but is not limited to, any losses and damages, direct or indirect profits, or even lost profits.

1. Nothing in these Terms will exclude or limit the rights of PRIVACY to be compensated for losses or damages caused by action or omission of the Users, including against third parties.

2. The User understands and expressly agrees that the use of the services provided by Privacy is at their own risk, and that the services are provided "as is" and "as available".

19. User Indemnification

1. By using Privacy, the User agrees to indemnify and hold PRIVACY and its employees, agents, representatives, successors, and assignees harmless from and against all and any claim, demand, action, proceeding, judgment, decision, complaint, liabilities, losses, costs, and expenses (including, without restrictions, attorney's fees and legal and judicial costs) arising from or related to any of the following:

1. their use of Privacy or any of its services or features;

2. any User Content created, posted, or made available by the User on Privacy;

3. any negotiation or interaction between Users of Privacy; and/or

4. violation of the Terms or any applicable law.

1. Notwithstanding the appointment of PRIVACY as an intermediary of the Creator to operationalize the collection of the Creator's revenue, PRIVACY, the Subscriber, and the Creator are independent and are individually responsible for complying with all their respective legal obligations. This extends to the payment of any taxes or other specific payments required by a regulatory authority. If a User fails to comply with these obligations, the User must indemnify PRIVACY for any loss or expense, including management time resulting from PRIVACY.

20. Applicable Law and Dispute Resolution

1. The consenting User to this Term and PRIVACY agree that these terms will be governed and interpreted in accordance with the laws of Brazil and that any dispute between the User and PRIVACY regarding Privacy, arising from or related to these Terms, will be resolved exclusively in the courts of Brazil.

2. Except where prohibited by applicable Brazilian law, any claim or action brought by users relating to Privacy or arising from or related to these Terms must be filed within one year after the occurrence of the fact that gave rise to the claim or action.

21. Waiver and Severability

1. By agreeing to these Terms, the User and PRIVACY agree that these Terms shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil, to the fullest extent permitted by applicable law, and that any dispute between the User and PRIVACY arising out of or relating to the use of the platform or these Terms, including non-contractual disputes, shall be submitted to the competent Brazilian courts.

2.  

   Without prejudice to the foregoing, nothing in this clause shall be construed as limiting any rights guaranteed by mandatory laws of the User's country of residence. The User may invoke, where applicable, the mandatory provisions of the local laws of their domicile, including consumer protection rules and rules of jurisdiction provided for in the laws of the European Union, the United States of America, or other applicable jurisdictions.

3.  

   Except where prohibited by applicable law, any claim or action brought by Users relating to PRIVACY or arising out of or related to these Terms must be filed within a maximum period of 1 (one) year from the date on which the event giving rise to the claim occurred, under penalty of waiver of the right to pursue it.

22. General

1. The specific Terms are the sole and entire agreement between all consenting Users and PRIVACY.

2. This Term, in relation to the platform, supersedes all previous and contemporary understandings, agreements, representations, and warranties, both written and verbal, concerning the platform.

23. Procedure in Case of Creator Death 

1. By accepting these Terms of Use the Creator agrees that in the event of their death their profile will be and remain inactive. 
   
   
2. If the deceased Creator's profile has a balance available for withdrawal on the Privacy platform, the money can only be withdrawn after presenting the documentation below: 
   

   1. Number of the Inventory Lawsuit and your participation as a legitimate party and the identification of the respective executor, appointed by the court with a selfie with your identity document proving that you are the executor;

   2. Marriage certificate or proof of common-law marriage (in the case of a spouse or partner); 
      
      
   3. If there is no proof of marriage or common-law marriage, a direct relative of the deceased (e.g. mother, father or siblings) must contact us with documentation proving the family relationship. 
      
      
   4. If necessary, the judge in charge of the inventory lawsuit may issue a court letter to Privacy, requesting the withdrawal of the amounts in the name of the person determined by the competent court. 
      
      
   5. Please note that in the event of the death of the Content Creator and owner of the profile on the Privacy platform, the profile cannot be transferred to a new owner and the account will remain suspended. 
      

24. Penalties and Violation Proceeding

1. In case of violation of the terms of use, Privacy reserves the right to appky sanctions rangin from warnings to temporary account blocking, temporary withdrawal blocking, or account baning, depending on the severity of the infraction.

25. Contact

If you have any doubts, comments, consent, or concerns about Privacy, please contact our support team at suporte@privacy.com.br.