Welcome to Privacy!
Privacy is a platform that allows the monetization of online content. Thus, at Privacy, if you are an Influencer User, you can create your own exclusive content and establish a close and authentic connection with your Subscribers.
Privacy is a leader in its segment and has the largest community of influencers, bringing together more than 225 thousand registered influencers and 25 million monthly users on its social network!
To make this experience even better, Privacy conditions all Users, whether Influencers or Subscribers, to respect the following Terms of Use, in order to promote a safe and secure network for all.
In these Terms, the following terms and expressions mean:
Subscriber: A User who follows an Influencer/Creator and views their content for a fee;
Agency/Agent: Talent agency, focused on monetization and commercialization of exclusive content, through the content management of its agents;
Account Ban: When a User's account is deleted by Privacy due to violation of these Terms of Use, applicable legislation or by determination of a competent authority.
Blocking: When a User's account is temporarily blocked by Privacy as a result of non-compliance with these Terms of Use;
AI: Artificial intelligence;
Commission to Third: The Influencer/Creator is fully responsible for the distribution of revenue from the content with third parties, including referrals made on the platform;
Commission: Amount charged by the platform due to the use of its technology through the intermediation between the Influencer/Creator and the Subscriber, calculated as a percentage of the revenue earned by the Influencer/Creator, paid by the Subscribers to access the Influencer/Creator's User Content or use the Interactions;
User Account: A section of the platform that can be accessed only by Privacy or the User who holds it, containing, among other things, the Payment Provider Options and Payment Information;
User Content: Any and all photos, videos, and/or other material uploaded to the platform by any User;
Influencer/Creator: A User who uploads, that is, publishes content on the platform to be viewed by other Users;
Chargeback: Return of amounts to a User after a requirement of good faith, when the transaction made via credit card has been disputed;
Account Deletion: When a User decides to terminate their relationship with Privacy and deliberately deletes their account on their own initiative;
E-Wallet: These are the ApplePay and GooglePay digital wallets that allow you to register credit or debit cards and carry out transactions through NFC technology.
Payment Provider: Any third party approved by Privacy that allows and processes payments for a Subscriber to make payments and/or for a Creator to receive amounts;
Interaction: Any functionality offered by an Influencer/Creator as part of User Content, hosted by Privacy, that allows the Subscriber to interact directly with the Influencer/Creator, rather than just viewing their Content;
IR: Income Tax;
IRPF: Individual Income Tax;
Laranjinha: Functionality of the Privacy platform aimed at sending informative messages to Users about activities and interactions.
Payment Options: Instruction given by each Influencer/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, registered under No. 2121942 with the authorities of the British Virgin Islands, with registered office at 80 Main Street, PO BOX 3200, Road Town, Tortola VG1110, British Virgin Islands. ORANGE SEA CORP owns the "Privacy" platform and owns all rights to it;
Referral Payment: Payments made by Privacy to Users who refer new Influencers/Creators, in the amount of 5% (five percent) on the entire revenue of the referred Influencer/Creator, for a period of 6 (six) months;
Platform/Social Network: Defined as www.privacy.com.br;
Paid Posting: Publication made on the Creator/Influencer's profile that is not available only through subscription, requiring a separate purchase for the User to have access to the publication, which can be offered in free or paid profiles, and accessible exclusively to Users who maintain an active link with the respective profile;
Privacy: Social network and content intermediation and monetization platform that allows Users to provide and view Content, as well as use the interactions available between Users.
Privacy Wallet: It is Privacy's prepaid digital wallet that allows the User to deposit amounts to use the credits deposited within the Privacy platform.
Creator Revenue: Amount earned by the Influencer/Creator from the sale of their content to Subscribers through the Privacy platform, for viewing the Content or using Interactions, when available;
Refund: Return of amounts to a User after a requirement in good faith, when the transaction carried out was via PIX;
Relationship: Relationship between a Subscriber and an Influencer/Creator, and vice versa;
Account Suspension: Means the operation carried out by Privacy in the event of the death of a User in order to safeguard the information and data linked to the account.
User: Any person registered on the platform, whether as an Influencer/Creator or Subscriber;
i. General Provisions: These Terms of Use constitute a contract between the User and Privacy and regulate the access and use of the platform and its resources, including content, functionalities and services offered on or through the social network, obliging Influencers/Creators and Subscribers to comply with and observe the provisions set forth herein. Accordingly, Users accept and agree to these Terms and all other Privacy Policies, including the Security and Transparency Center and the Privacy Policy. In the event of a conflict, the provisions of these Terms of Use will prevail over other policies, unless otherwise expressly provided and subject to applicable law.
ii. Updating the Terms of Use: Privacy reserves the right to change these Terms at any time. Accordingly, these Terms and their updates will prevail over previous proposals, understandings or agreements. Changes take effect immediately, and are considered accepted by Users upon continued use of the platform after their publication.
iii. Updating of Terms of Use: In the event of changes to these Terms, Privacy will publish and maintain the updated version on its platform.
iv. Privacy Communications: The User agrees to receive communications from Privacy by electronic means, including emails and messages on the platform by laranjinha, in compliance with the Privacy Policy. Electronic communications satisfy any legal requirement for written communication.
a) The User is solely responsible for keeping his/her registration data, especially the e-mail address, always up to date. Privacy is not responsible for communications not received due to incorrect, outdated or incomplete information provided by the User.
b) If the User no longer wishes to receive communications, he must request it by e-mail to [email protected].
v. Eligibility to Use the Platform: The platform is intended exclusively for Users over 18 (eighteen) years of age, and its use by minors is prohibited, under penalty of civil and criminal liability of those responsible. By using the platform, the User declares and warrants to be at least 18 (eighteen) years of age.
vi. Ownership and Access to Content: Users acknowledge that Privacy does not own the content that the Influencer makes available on the platform. In addition, the views made by the Subscribers do not represent Privacy's access to said content, but only access by the Subscribers themselves.
vii. Acceptance of the Terms of Use: Upon acceptance of these Terms, Privacy grants the User a conditional, revocable, non-transferable, non-sublicensable, non-exclusive, limited license to use the platform.
viii. Transactional Relationship between Influencer/Creator and Subscriber: The relationships, transactions and interactions related to the Influencer's and Subscriber's content constitute a relationship exclusively between Users, except when Privacy expressly appears as the Influencer's agent to receive payment on its behalf.
a) Privacy will not be a party to or responsible for any transaction or interaction between Users, and will not be liable for any non-compliance or conflict between them.
ix. Receipt of Payment and Impossibility of Collection Action: Privacy performs the intermediation for the receipt of the amounts paid by Subscribers to the Influencer/Creator. Once the transaction on the platform is carried out, the Influencer/Creator will not have the right to action against the Subscriber for non-payment, being obliged to allow access to the purchased content.
x. Privacy Prerogatives: Privacy reserves the right, at any time and without prior notice:
a) Modify, suspend or close the platform, in whole or in part;
b) Restrict, limit, suspend or terminate the User's access in accordance with these Terms of Use;
c) Delete content published by an Influencer/Creator that is in disagreement with these Terms or current legislation;
d) Monitor Users' use of the Privacy Page, to verify compliance with these Terms and/or applicable law;
e) Investigate any suspected use or report of misuse and/or illegal use of the Privacy and cooperate with the competent authorities in the investigation, if necessary;
f) Disclose information about the use of the platform related to police investigations of any illegal or suspicious activity, in response to the court order;
g) Periodically restrict Users' access to some parts or all of the platform.
xi. Coercive Measures: If the platform is used improperly or incompatible with these Terms and current legislation, Privacy may apply different measures, at any time, with or without prior notice. Such measures may include:
a) Warnings by e-mail;
b) Blocking of withdrawals and temporary restriction of platform functionalities;
c) Blocking of the account;
d) Account ban.
xii. Disagreement with the Terms of Use: If the User does not agree with these Terms or any of its changes, he/she may not access, use the platform or any other operation related to Privacy.
2. Account Registration and Platform Access
i. How to Register on the Platform: In order to use the Privacy platform, it is necessary to register with a User account. To do so, the User must provide a valid e-mail address, a name and password or a valid X (Twitter) account and, where required for access to certain profiles or features, his/her CPF and date of birth. By registering and creating an account, the User declares to be aware that all information provided must be correct, up-to-date and complete, being responsible for the veracity and integrity of this information, subject to the penalties provided for in these Terms and in the civil and criminal legislation in force.
a) Privacy allows Users to link an X (Twitter) account. The User who uses this feature must simultaneously respect the Terms of Use and Policies of X (Twitter): https://twitter.com/tos.
ii. Registration of Individuals and Legal Entities: The platform only supports registrations of Users who are Individuals. If the User intends to register as a Legal Entity, he/she must contact the Privacy Service team, through the e-mail [email protected] and request the opening of an account through the desired CNPJ.
a) In order to register as a Legal Entity, it is necessary that the Legal Entity is active, holds a bank account and that the Proof of Registration Situation of the Company and the updated Articles of Association are sent.
b) The User accepts and agrees that accounts will only be opened in the name of Legal Entities in the following and only cases:
● If the applicant, an Individual, is the majority shareholder and holder of control of the Legal Entity (managing partner);
● If the applicant, an Individual, is an agency by an Agency/Agent, upon documentary evidence, as provided for in these Terms.
iii. Documents for Agency Account: In the case of Agency/Agent and Agent, the Creator's account can be constituted or changed, with the legal entity of the Agency/Agent as the holder, provided that the following documents are validated by Privacy, which are:
a) Agency Services Provision Agreement;
b) Power of attorney with specific powers of representation before the Privacy platform, granted by the Creator in favor of the Agency/Agent;
c) License Term for the Use of Image and Voice, with the Creator as Assignor and the Agency/Agent as Assignee; and
d) Articles of association of the agency, duly updated and registered with the competent public body.
iv. Documentary Criteria for Agency Account: The documents mentioned above must be sent to the e-mail [email protected] duly signed, with a notarized signature, or digitally, with a certificate linked to ICP-Brasil. Only 1 (one) account held by a legal entity per individual (CPF) will be accepted, and it is not possible for the same individual to have two or more legal entity accounts for each CNPJ to which it is linked. Privacy is not part of the relationship between the Agency Creator and the Agency/Agent and has no responsibility arising from it, and is not responsible for any contractual conflicts or lawsuits between the parties.
v. How to Access the Platform: In order to access the Privacy Platform, it is necessary that all registration and profile information of the User Account is true and accurate, and that any User Content provided is solely yours and does not violate the intellectual property rights or any other personality rights of any third party, and the use of false, fraudulent information or information that infringes the rights of third parties is prohibited.
vi. Compliance with and Acceptance of the Terms of Use: By registering with Privacy, the User confirms that:
a) All User Account registration and profile information is true and accurate, and that any User Content provided is solely yours and does not violate the intellectual property rights or any other proprietary rights of any third party;
(b) If you already had a User Account with Privacy, your old account was not banned by the platform for violation of the Terms of Use;
(c) You acknowledge that the sale, rental or transfer of your User Account to third parties is prohibited;
(d) In the case of a Subscriber, the account made available to the User is personal, non-transferable and for exclusive use, and the assignment, loan, sharing or any other form of transfer of access to third parties, free or onerous, is expressly prohibited, and the Subscriber is solely and exclusively responsible for the use of the account, and must keep their access data, such as login and password, confidential;
(e) Privacy reserves the right at any time to verify the information provided, as well as its compliance with the Terms. If it is not possible to carry out such verification, Privacy reserves the right to block the account;
(f) It is forbidden to use third-party payment acceleration for payments by subscriptions or any other service via Privacy;
(g) The User is fully responsible for all activities that occur under their account and for keeping their login details safe and secure. By agreeing to these Terms, you agree not to disclose such information to any other person or entity and must immediately notify Privacy by email [email protected] if you believe that someone has used or is using your account without permission or that it has been the subject of a breach of security;
h) By agreeing to these Terms, the User agrees to log out at the end of each session, and must take special care when accessing their account on a public or shared computer, so that other people cannot access, display or save their password, personal information or content;
i) Each Creator is the owner of their own account and must have constant access to it. The Agency Creator and the Agency/Agent will be jointly responsible for any damages caused to Privacy or third parties, and must ensure that all Content posted and the use of the account complies with the Terms of Use;
j) Privacy reserves the right to disable any username, password or other identifier, whether chosen by the User or provided by Privacy, at any time, for any reason, including if, in its sole discretion, there is a violation of any provision of these Terms;
k) The first withdrawal from a newly constituted account on the platform, referring to amounts transacted by PIX and/or credit card, will be subject to validation and prior analysis by Privacy.
3. Subscriptions and Purchases
i. Rules for Subscriptions and Purchases: For the User to view the Influencer/Creator's content or use a Privacy Interaction, he or she may make the payment through the following modalities: PIX; Privacy Wallet or E-Wallets; or by credit card by clicking on the "Subscribe" button on the profile of the chosen Influencer/Creator.
ii. Automatic Renewal: By subscribing to the profile(s) of the Influencers/Creators through PIX, credit card, E-Wallets or Privacy Wallet and accepting these Terms, the Subscriber acknowledges that the subscription will be automatically renewed for the same period originally contracted. The Subscriber may cancel this renewal at any time by disabling the "Automatic Renewal" option on the Influencer/Creator's profile or by requesting via email to the [email protected], at least twenty-four (24) hours prior to the end of the current cycle, to avoid being charged for the next renewal.
iii. Renewal Price Adjustment: User acknowledges and authorizes automatic renewal to occur based on the initial subscription fee.
iv. PIX Automatic Renewal: The User can subscribe to an Influencer/Creator profile through PIX and authorize automatic billing through the features of their financial institution. You may also disable automatic billing through your Privacy profile settings or through your financial institution.
v. Automatic Renewal in Case of More than One Registered Card and Privacy Wallet: The User may register up to three cards for payment of subscriptions in his/her User Account. The first registered card will be considered the User's main card, if the payment of the main card is refused for any reason, the other registered cards may be automatically activated to charge the full amount in the same order in which they were registered. If it is not possible to charge any of the registered cards, the User authorizes the charge using any credits deposited in Privacy Wallet.
vi. Automatic Renewal in Case of E-Wallets: The User can pay for subscriptions through digital wallets (E-Wallets), such as: ApplePay and GooglePay. If there is payment by E-Wallets, the User authorizes the automatic renewal by the same digital wallet used in his first payment. If the payment through the E-Wallet that occurred the first transaction is declined, the automatic renewal will not be carried out.
vii. Access to Specific Content: The subscription does not guarantee unrestricted access to all of the Influencer/Creator's content. Certain content or features may be offered separately, on an optional basis, not being included in the regular subscription price, and it is the Subscriber's responsibility to verify, in advance, the conditions and prices before any purchase.
viii. Cancellation, Chargeback and Refund Policy: Privacy does not perform chargebacks or refunds in case of subscription cancellation. The Subscriber will have access to the content until the end of the contracted period. After this period, and without further payment, the content will be unavailable. Privacy may actively cancel transactions, regardless of the buyer's request, whenever it identifies evidence of fraud, irregularities or non-compliance with the platform's policies.
ix. Failure to comply with the Promise: The right to a refund or reversal in case of non-compliance with obligations by the Creator will be guaranteed to the Subscriber, under the terms of the applicable legislation. Requests for refund or reversal will be analyzed according to the circumstances of the specific case, and may be rejected when bad faith, abuse of rights or improper use of the platform is found, subject to the adversarial procedure
xi. Refund or Refund Request for Fraud: The Subscriber may request a refund or refund in case of proven fraud, by contacting us by e-mail [email protected]. The request will be analyzed by the responsible Privacy team, and supporting documents may be required, such as a police report.
xii. Credit Card Disputes: In the event of a dispute with the card issuer, Privacy may deduct the corresponding amount from the Influencer/Creator's balance. Transaction cancellations may also occur actively, according to the platform's analysis.
xiii. Definition of Values: The value of the subscriptions is defined by the Influencer/Creator respecting the minimum limit of R$ 19.90 (nineteen reais and ninety cents - BRL) and maximum of R$ 200.00 (two hundred reais - BRL). The amount may vary depending on the exchange rate and the fees applicable to the payment method according to your region and location.
xiv. Privacy Challenge: In this modality, payment occurs exclusively via PIX, with goals between R$ 50.00 (fifty reais) and R$ 2,000.00 (two thousand reais), defined by the Influencer/Creator. Privacy is not responsible for goals, deadlines or conditions set by the Influencer/Creator. The amounts paid are non-refundable, even if the goals are not reached.
xv. Self-financing: It is strictly forbidden for the Influencer/Creator to acquire their own content, through real or fictitious profiles, for the purpose of manipulating platform metrics. This practice may result in blocking and/or banning the profile, and the measure is aggravated in case of repetition, without prejudice to civil and criminal liability.
xvi. Privacy Wallet: It is Privacy's internal payment method that allows users to recharge amounts via PIX or through crypto assets if the User is outside Brazil, ensuring greater agility, security and flexibility in transactions. The balance can be used for subscriptions, chat purchases, access to lives, video calls and sending treats. The balance is released immediately after recharging and does not expire. Except for the cases provided for by law, the recharged amount is not subject to withdrawal, transfer to a bank account or refund, being, as a rule, used exclusively in the platform environment. In case of breach of contract, failure to provide the service, undue charge or fraud, the Subscriber must contact Privacy by e-mail [email protected], presenting the necessary evidence for analysis. If the right to a refund is recognized, it will preferably be made by crediting Privacy Wallet, without prejudice to other legally applicable forms, as the case may be.
i. How the Transfer of Amounts to Influencers/Creators works: Privacy intermediates, through its payment providers, the receipt of the amounts paid by Subscribers to Influencers/Creators after the deductions provided for in these Terms. Once the payment through the platform is completed, the Subscriber no longer has any financial obligation to the Influencer/Creator.
ii. Value for the Intermediation Performed by the Platform: The gross revenue generated by the Influencer/Creator is automatically subject to the deduction of 20% (twenty percent) for the intermediation performed by Privacy. Financial services and processing fees charged by the Payment Providers used may also be discounted. All amounts will be calculated and paid in accordance with the location of each Influencer/Creator, regardless of the currency used by the Subscriber, as determined below:
a) Location – Brazil: Payment in Reais (BRL);
b) Location – Argentina: Payment in Argentine Peso (ARS);
c) Location – Mexico: Payment in Mexican Peso (MXN);
d) Location – Colombia: Payment in Colombian Peso (COP);
e) Location – Chile: Payment in Chilean Peso (CLP)
f) Location – United Kingdom (UK): Payment in Pound Sterling (GBP)
g) Location – Europe (EU): Payment in Euro (EUR)
h) Location – Other Countries: Payment in US Dollars (USD)
iii. Blocking of Values: The Influencer/Creator will be informed about any block made. Privacy may partially or fully block Creator values in the following situations:
a) Suspicion or proof of violation of these Terms of Use;
b) Indications of illegal activities;
c) Potential risk of damage to Privacy or third parties;
d) Request from a competent judicial or administrative authority;
iv. Use of Blocked Revenue for Compensation: If a violation of the Terms of Use is found that causes damage to Privacy or third parties, the blocked revenue may be used to compensate for such damages.
v. Limited Privacy Liability: Privacy is not responsible for blocks made in accordance with these Terms and applicable law. Amounts not related to infractions will be released to the Influencer/Creator after due transactional analysis by the competent sector, in order to ensure the safety and fairness of all those involved in the relationship.
vi. Refunds and Chargebacks Policy: Payments made by Subscribers are final and, as a rule, non-refundable, except in cases of duly proven fraud or in other cases provided for by law. In the event that a refund or chargeback is approved, the corresponding amount will be automatically deducted from the Influencer/Creator's income, regardless of the date the amount was originally credited, and may even generate a negative balance in the Influencer/Creator's account.
vii. Negative Balance: The Influencer/Creator's balance may be negative, being aware and authorizing the deductions by Privacy for possible compensations, in the following cases:
(a) A refund or chargeback was made and the Influencer/Creator did not have enough balance for the deduction and compensation by Privacy;
b) When, as a result of any system irregularity, the Influencer/Creator requests the withdrawal of the balance on Privacy and, due to system inconsistency, the Influencer/Creator receives the withdrawal amounts, but it is not processed on the Privacy platform and, consequently, the withdrawal is made a second time improperly.
i. Availability of Amounts for Withdrawal: The deadlines for releasing amounts vary according to the payment method chosen by the Subscriber:
a) Credit Card: available for withdrawal within 15 (fifteen) calendar days, counted from the approval of the payment.
b) PIX: released as "PIX Balance to Release" and available for withdrawal as soon as the Influencer/Creator accumulates at least R$ 30.00 (thirty reais).
ii. Withdrawal Ownership: Withdrawal is allowed solely and exclusively to bank accounts of the same ownership (CPF or CNPJ) of the Influencer/Creator registered with Privacy. The requested withdrawal is only authorized by Privacy for accounts of the same ownership as the document informed in the registration.
iii. Withdrawal by Agencies: In case of an Agency profile, the withdrawal request will only be authorized by Privacy for bank accounts of the same ownership (CNPJ) of the Agency registered with Privacy. The Agency requesting the withdrawal assumes full responsibility for the transfers to the Influencer/Creator it brokers. Privacy is not responsible for any disagreements or defaults between the Agency and the Influencer/Creator.
iv. Withdrawal Limits and Fees: The Influencer/Creator is entitled to 1 (one) free withdrawal per day. Additional withdrawals on the same day will have a fee of R$ 3.50 (three reais and fifty cents) per operation. Privacy may, at any time, adjust the value of the fee, upon prior notice of 10 (ten) days by the registered e-mail.
v. Minimum Withdrawal Amount: Redemption will only be allowed when the available balance in the Influencer/Creator's account is equivalent to or greater than R$ 30.00 (thirty reais). The amount may vary depending on the exchange rate and the fees applicable to the payment method according to your region and location.
vi. Temporary Blocking of Withdrawals by Sanctions: Privacy may temporarily block the withdrawal of amounts as a result of sanctions applied for violation of these Terms, improper conduct, internal investigations, complaints from third parties or by judicial determination in an ongoing proceeding. The block will be maintained until the situation is resolved or the internal procedure is closed.
vii. Validation of the First Withdrawal: The first withdrawal of the Influencer/Creator will be subject to Privacy analysis and validation within 24 (twenty-four) business hours. In case of registration inconsistency or suspicion of fraud, Privacy may block the amounts until regularization, upon prior communication to the User by the registered e-mail.
viii. Blocking of First Withdrawal due to Irregularity: If registration inconsistencies, evidence of fraud or irregular documentation are identified, the Influencer/Creator's account may be blocked until regularization. Privacy will notify the User by email and may request supporting documents. Unblocking will depend on verifying the legitimacy of the account and the content.
ix. Protection of Account and Valuables: The implementation, at Privacy's sole discretion, of two-step authentication aims to ensure that only the holder authorizes the login to their account, protecting it against unauthorized access or fraud attempts. Without prejudice to the foregoing, in no case, i.e., with or without two-step verification, Privacy is not responsible for withdrawals made by third parties who have gained access to the User's credentials due to negligence in the protection of their data. It is recommended to use strong, unique passwords and periodically update the means of authentication.
i. Influencer/Creator's Tax Liability: It is the sole responsibility of the Influencer/Creator to ensure full compliance with their tax and tax obligations related to the amounts earned through the Privacy platform.
ii. Recommended Professional Guidance: It is recommended that all Influencers/Creators seek specialized accounting and tax advice to ensure full compliance with the tax rules applicable to their situation.
iii. Income Statement: The Influencer/Creator declares to be solely and exclusively responsible for the calculation, declaration and payment of all taxes levied on income earned through the Platform, recognizing that Privacy's performance is limited to the provision of technological intermediation infrastructure, without any employment, social security or joint and several tax liability relationship, subsidiary or of any nature, and the Influencer/Creator is obliged to indemnify and hold Privacy harmless in relation to any assessment or collection of a tax nature arising therefrom.
iv. Obligations of Influencers/Creators: Influencers/Creators are solely and exclusively responsible for the correct collection of taxes, contributions and any charges levied on their activity and on the amounts earned in Privacy.
v. Privacy's Limitation of Liability: Privacy acts as a mere intermediary and is not responsible for the Influencer/Creator's compliance with tax obligations. The platform does not provide reports or documents, such as income reports or proof of tax payment.
vi. Financial Reports: The main reports of amounts and receipts must be obtained directly by the Influencer/Creator on the Privacy platform or from the financial institutions owned by them.
vii. Income Tax and Other Obligations: The calculation and payment of Income Tax (IRPF or other applicable taxes) are the sole responsibility of the Influencer/Creator, and Privacy is not under any obligation to provide specific tax support or documentation.
7. Relationship between Subscriber and Influencer/Creator
i. Nature of the Relationship between Subscribers and Influencers/Creators: The content subscription transaction occurs directly between the Subscriber and the Influencer/Creator, and Privacy is only the platform that intermediates this transaction through its payment providers. Privacy is not part of the contractual relationship established between Users. The Influencer/Creator is fully responsible for the veracity, legality and adequacy of the content made available, being aware and authorizing, by accepting these Terms of Use, that such content will be moderated by Privacy. Failure to comply with these Terms or with the applicable legislation will give rise to the application of the appropriate measures.
ii. Intermediation of the Platform in Transactions between Users: By carrying out a subscription transaction through Privacy, the Subscriber and the Influencer/Creator enter into a contract between themselves, to which they are the only parties. Privacy acts as a mere intermediary facilitating the transaction and payment, but is not responsible for the obligations and responsibilities of each User. Privacy can carry out checks on registration and content, but it is not able to determine whether they are suitable for the purposes for which they are proposed, nor is it able to guarantee the veracity, accuracy and completeness of the information provided by the Influencers/Creators.
iii. Absence of Link with Privacy: By accessing and using the platform as a User, the Subscriber or Influencer/Creator hires Privacy's services, without this establishing any employment, collaboration, representation, partnership, association or partnership relationship. You will act in your own name and for your own benefit, with autonomy to disclose and market your content, as long as you comply with applicable laws and these Terms of Use. Privacy is not responsible for any direct or indirect damages arising from the relationship between Subscriber and Influencer/Creator. Privacy does not create, elaborate, control, endorse or provide any content made available on the platform. The full responsibility for the content, including the offer conditions, lies with the Influencers/Creators. Privacy is not responsible for disputes or damages arising from the relationship between users or between them and third parties, including claims related to trust in the information provided by Influencers/Creators.
iv. Limitation of Liability: Privacy is not responsible for:
a) Content created, disseminated or marketed by the Influencers/Creators, to the fullest extent permitted by law;
b) Problems arising from the relationship between Subscriber and Influencer/Creator;
c) Damage caused by false, inaccurate or incomplete information provided by Users, to the fullest extent permitted by law;
d) Subscriber's results or performance from the use of the content;
e) Interruptions or failures in the platform caused by force majeure events or fortuitous events, such as natural disasters, cyber attacks, strikes or interruptions in telecommunications services.
v. No Guarantee of Results: Privacy does not guarantee that Users will achieve specific performance, gains, or results when using the platform or subscribing to any content. Influencers/Creators are not authorized to promise performance, gain or unrealistic results of any nature, whether as a result of the use of the platform, the status of User or the use and commercialization of the content. Influencers/Creators are prohibited from promising unrealistic or misleading financial, professional or personal results to all Users.
vi. Definition of Values and Payment of Subscription Revenue: Influencers/Creators are responsible for defining the values of subscriptions, and this decision is their sole responsibility. Privacy is not responsible for price fixing or value arbitrage. Users authorize Privacy and third parties to act as an intermediary through their payment providers for collections, agreeing to the retention and processing of revenue, deduction of fees and other charges, in addition to payment for the intermediation carried out by Privacy, as stipulated in these Terms.
vii. Content Access License: Upon payment of the subscription, the Subscriber receives a license to access the purchased content, which is non-transferable, non-sublicensable, and non-exclusive. Access to the content occurs upon payment of the amounts defined by the Influencer/Creator, who can sell and disseminate content whose license is not included in the subscription. Access to the content will be released only after payment confirmation by the payment provider.
viii. Restrictions on Commercialization and Misuse: The license granted over the content does not grant the Subscriber any intellectual property rights over it, nor does it authorize its commercialization, assignment to third parties or any other use, partial or entire, for profit or not. The violation of these conditions, including the provision or sharing of a password, as well as the attempt and consummation of unauthorized download, transmission, retransmission or storage, may constitute fraud and subject the User to the sanctions provided for in these Terms of Use, without prejudice to the applicable legal measures.
ix. Content Access Period and Paid Posts: The content to which the Subscriber has a license will be accessible for 30 (thirty) days from the date of purchase, unless otherwise provided by the Influencer/Creator. In case of early removal of content by the Influencer/Creator, the Subscriber may request a proportional refund analysis, upon request via [email protected]. In the case of uploading "paid posts" by the Influencer/Creator, the Influencer/Creator must keep the publication available for at least 30 (thirty) days, or until the end of the Subscriber's viewing period, whichever occurs first.
x. Conditions for Termination of Subscription: The license will be automatically terminated, without prior notice, in the following cases:
a) Non-processing or failure to pay the subscription;
b) End of the subscription period, unless automatically renewed;
c) Blocking or banning the User's account;
d) Violation of these Privacy Terms of Use by the User;
e) Request by the Influencer/Creator to cancel the Subscriber's subscription for inappropriate behavior (such as insults, harassment or threats), with any prorated refund, when applicable;
f) Removal of content from the Influencer/Creator's account;
g) Deletion of the User's Privacy account.
xi. Obligation to Comply with the Terms of Use: Subscribers and Creators must observe these Terms of Use especially in relation to the content made available.
xii. Payment and Refund Policy or Chargeback: The Subscriber agrees to make the payment necessary to access, view and interact with the content, committing not to request a refund chargeback, except in good faith in cases of non-compliance with obligations by the Influencer/Creator, subject to the applicable legal provisions. In case of payment failure, access will be automatically blocked.
xiii. Release of Content after Payment Confirmation: The Influencer/Creator's content will be made available to the Subscriber after payment confirmation.
xiv. Declaration of Ownership and Copyright: The Influencer/Creator declares that he/she holds all the necessary rights over the content and its respective ownership, being authorized to grant the license of use, under penalty of legal liability. The Influencer/Creator warrants that they have obtained all the necessary permissions for the granting of the license. The Influencer/Creator assumes full responsibility for violations of any third-party rights.
xv. Obligations of the Influencer/Creator regarding the Content: The Influencer/Creator is solely responsible for the creation and submission of the content, and there is no guarantee of continuity. In the event of an interruption, the Subscriber may request a refund or partial reversal of the revenue paid in Quarterly or Semiannual plans, calculated proportionally to the unused period, by contacting Privacy through the [email protected] channel.
xvi. Subscriber's Risks and Responsibilities: Access to the content is the sole responsibility and risk of the Subscriber, except in cases of negligence or breach of the duties to which the Influencer/Creator has obliged.
xvii. Influencer/Creator Autonomy over Content: Influencers/Creators have the right to add or remove content and define the type of content, as long as it is pertinent to their account segment. Influencers/Creators have autonomy to manage their content, but Privacy may take action in case of violation of the platform's rules, such as removing content, blocking an account, or banning the account.
xviii. Situations That Interrupt Access to Content: Subscriber acknowledges the possibility of temporary interruptions in access to content, including:
a) Blocking, deletion or banning of the Influencer/Creator's account;
b) Blocking, deletion or banning of the Subscriber's account;
c) Interruption or inactivity on the Privacy platform;
d) Future impossibility of the Influencer/Creator to create or upload content, such as in cases of death or career change.
i. Limitation of Liability in Private Interactions: Although Privacy seeks to ensure the security of interactions, it is not responsible for actions arising from private communications between Influencer/Creator and Subscriber.
ii. Rules of Conduct in the Chat: Influencer/Creator and Subscriber must maintain respect and civility in the chat, and the sharing of illegal, abusive or infringing content is strictly prohibited, including, but not limited to, child pornography, hate speech or defamatory content, as well as all content prohibited in the Acceptable Use section of these Terms of Use.
iii. Chat Negotiations and Payments: Influencers/Creators may offer and/or receive additional media packages within the Privacy chat, for a fee, in accordance with the platform's rules, with transparency and honesty.
iv. Values and Content of the Media Packages in the Chat: The maximum amount allowed for each media package is R$ 2,000.00 (two thousand reais), which can be changed by Privacy. Each package can contain several images or videos, as defined by the Influencer/Creator, not exceeding the amount of 30 (thirty) files.
v. Prohibited Content in the Chat: Influencer/Creator and Subscriber are solely responsible for the content sent or received in the chat, and it is forbidden to share materials that are offensive, illegal, that infringe the rights of third parties and that are expressly prohibited in the Acceptable Use section of these Terms of Use.
vi. Chat Moderation: Privacy reserves the right to moderate private chats in order to ensure compliance with the Terms of Use and current legislation.
i. Account Deletion for Subscribers: In order for the Subscriber to delete their Privacy account, they must access the "Settings/Security" section. If said User has active and paid subscriptions, the deletion cannot be performed automatically by the platform. In such situations, Subscriber shall:
a) Contact us by e-mail [email protected] to request early deletion; or
b) Wait for the end of the contracted period of the active subscription, so that the deletion of the account can be done directly by the Subscriber himself.
ii. Account Deletion for Influencers/Creators: In order for the Influencer/Creator to delete their Privacy account, they must access the "Settings/Security" section. The deletion of the account by the Influencer/Creator himself will be allowed only if said User has no active Subscribers, pending purchases, positive balance, negative balance or blocked balance if it is the case of the Influencer/Creator's first withdrawal.
If any of these impeding conditions exist, you must:
a) Settle the outstanding balance (positive or negative); and/or
b) Terminate the active subscriptions of its Subscribers; and/or
c) Wait for the total release of the amounts blocked for withdrawal; and/or
d) Contact us by email [email protected] for support and guidance on account deactivation and/or deletion.
10. Intellectual Property Rights
i. Ownership and Protection: All intellectual property rights related to the platform, including, but not limited to, its content, functionalities, structure, source code, software, interfaces, design, trademarks, patents, business names, domain names, databases, files, media (audio, text, video, images, among others) and any other element protected by copyright, industrial secrets or intellectual property, belong exclusively to Privacy, except for the Influencer/Creator Content, which is the exclusive property of the Influencer/Creator.
ii. General Prohibitions: You are prohibited from copying, modifying, distributing, displaying, performing, republishing, storing or transmitting any material from the Privacy Platform, except when the storage is automatically cached by the browser for display purposes. It is also forbidden to create derivative works, reverse engineer, commercialize or use any other form of use, in whole or in part, without prior and express authorization from Privacy.
iii. Protections for User Content: Privacy adopts digital rights management (DRM) technology as a technical preventive measure aimed at curbing and preventing the unauthorized use, reproduction, export and distribution of content made available on the platform, acting in an integrated manner with other security mechanisms and allowing monitoring, the restriction and tracking of access to content. It is expressly forbidden for the User to circumvent, deactivate or in any way circumvent the protections implemented, including DRM, constituting such conduct as a serious violation of these Terms of Use and subjecting the User to the sanctions provided for in these Terms of Use, without prejudice to the applicable civil and criminal liabilities. Privacy reserves the right to improve or replace the protection technologies adopted at any time, regardless of prior notice.
iv. Consequences of Misuse and Infringement: All elements of the platform are protected by intellectual property laws. If the User prints, copies, modifies, downloads, uses or provides third parties with access to any part of the platform in violation of these Terms of Use, their right of access and use will be immediately revoked, without prejudice to the application of the applicable legal measures. The User will be held responsible for any act that infringes the intellectual and/or industrial property rights of Privacy, and must return or destroy all copies of the materials obtained in an irregular manner. Any use of the platform that is not expressly permitted by these Terms is considered a violation of these Terms of Use, without prejudice to the concomitant violation of copyrights, trademarks and other rights of Privacy, which are subject to applicable legal sanctions.
v. Reservation of Rights over the Platform and Content: Except for the content made available by the Influencer/Creator, no right, title or interest related to the platform or any other content contained therein is transferred to any User. All rights not expressly granted in these Terms of Use are reserved exclusively by Privacy.
vi. Prohibition of Unauthorized Use of Trademark or Placement: The User is not authorized to use any trademark, logo, trade name or any other distinctive element of Privacy for disclosure purposes, nor to suggest, directly or indirectly, that Privacy has advertised, associated, endorsed or certified certain content or service. The use of the platform must be limited exclusively to the purposes set forth for the creation, dissemination and commercialization of content, as established in these Terms. The name "Privacy", its logo, colors, and all related names, products, services, designs, and slogans are trademarks of Privacy, its affiliates, or licensors, and you may not use such marks without prior written permission. The trademarks of other products or services present on the platform belong to their respective owners.
vii. Granting of Powers for the Defense and Protection of Content and Data: By registering on the platform, the Influencer/Creator grants Privacy broad powers, both judicial and extrajudicial, to protect their interests related to the content made available and data protection, and may take all necessary measures, including legal, to safeguard these rights.
viii. Procedure for Reporting Intellectual Property Infringement: If the User identifies any violation of their intellectual property rights or the unauthorized use of elements of the platform, such as logos, trademarks, protected content or other exclusive assets of Privacy, they must follow the guidelines provided by the official Privacy channels, including sending the following information, Where applicable:
a) Updated contact details, so that Privacy can communicate directly with the whistleblower;
b) Detailed description of the content and facts relating to the alleged violation, with documents or evidence that corroborate the complaint;
c) Information on the ownership of the intellectual property rights allegedly infringed, whether they belong to the User or to Privacy.
The complaint must be made by the directly affected party or by its legal representative, with the proper authorization. Privacy will not accept reports made by third parties without a power of attorney or formal authorization. By submitting a report, the complainant agrees that his or her information may be shared with the accused party, in order to clarify the facts and enable the resolution of the problem. The analysis of complaints will be made based on the information presented, and Privacy reserves the right to request clarifications or additional documents before taking any action, except when there is a specific administrative, judicial or legal determination that requires immediate compliance, in which case Privacy may act as required, without the need for prior additional analysis.
ix. Measures in Case of Improper Reports: Privacy reserves the right to adopt all appropriate legal measures in case of unfounded, fraudulent or bad faith reports, including the protection of its own intellectual property rights over the platform, its logos, trademarks and other exclusive assets. The whistleblower may be held civilly and criminally liable for damages caused to Privacy or third parties as a result of false allegations.
i. Limited License Grant: Privacy grants the User a limited, non-exclusive, non-transferable, non-sublicensable, conditional, revocable license to use the platform exclusively for personal and legitimate purposes, in accordance with the purposes set forth in these Terms of Use. This license does not imply any assignment of intellectual property rights, nor transfer of ownership over any element of the platform.
ii. Possibility of License Revocation: You acknowledge and agree that the license granted herein may be revoked by Privacy at any time and for any reason, including, but not limited to, violation of these Terms or any applicable law or regulation. Revocation may occur with or without prior notice, at the sole discretion of Privacy, especially in cases of misuse, attempted fraud, automation of actions, violation of third-party rights or by determination of competent authorities.
iii. Restrictions on Use: The User is expressly forbidden to use the platform that has not been explicitly authorized in these Terms of Use. All rights that have not been expressly granted remain reserved by Privacy.
iv. Technical Compatibility: Privacy does not guarantee that the platform will be compatible with all existing devices, browsers, or operating systems. It is the User's sole responsibility to make sure that their device is compatible with the use of the platform. The full use of specific features may depend on specific permissions, updates, plugins or technical settings on the User's device, which are the sole responsibility of the User.
i. Requirement of Compliance with the Terms of Use: Privacy requires that all Users respect and fully comply with these Terms throughout the use of the platform. The use of the platform must occur in a personal, lawful manner and in accordance with the purposes described herein. Access to or use through subterfuge, such as fake accounts, third-party identities, or IP masking methods, is a violation of these Terms of Use.
ii. Activities Not Allowed in the Use of the Platform: It is forbidden for the User to use the platform for any purpose that is not personal, legitimate and in accordance with these Terms; to impersonate Privacy, its employees, other Users or any third party; to provide false information during registration; to make unauthorized use of information or content of third parties; to practice illicit or dishonest acts that violate the rights of third parties or legal regulations; to copy, reproduce or distribute portions of the platform without authorization; harm, exploit or attempt to harm minors; adopt conduct that compromises the experience of other Users; use extensions or tools to copy or reproduce content without permission (plugins); share publications by Influencers/Creators without authorization; or send spam to other Users; or use the platform to redirect traffic to external websites in order to circumvent Privacy rules or circumvent the monetization model. Likewise, it is forbidden to practice any conduct that restricts or inhibits the use or usability/experience of any person, that may harm Privacy or Users, expose them to undue disclosure, deteriorate the User experience, induce consumption of products outside the platform or promote any other platform, including betting sites, raffles or products not distributed by Privacy.
iii. Restrictions on Published Content and Interactions: It is forbidden to publish content and/or interact that contains: blood; apology for Nazism; racism; dissemination of hatred; incest or narratives that allude to incest; necrophilia; zoophilia; urine; scatological or excrement-related material; violence; child sexual abuse material (CSAM); human trafficking; non-consensual or coercive sexual content; bestiality content; extreme fetishist involving real harm; rape and/or simulation of non-consent involving real people; revenge; content produced under duress, fraud, or abuse; torture; humiliation; domination; mutilation; or intoxication. Content is also prohibited: illegal; fraudulent; discriminatory; threatening; defamatory; use of weapons or drugs; illicit activities; unauthorized commercial activities; improper association with Privacy; disclosure of Users' personal information; and content that promotes discomfort, moral damage or degradation. Content involving fetishes aimed at children (ageplay), racism, homophobia, the presence of animals, unauthorized ads, sweepstakes, raffles, military uniforms or contact data for external transactions (whatsapp numbers, telephone, PIX or any other means aimed at external transactions) are also prohibited.
iv. Profile and Cover Photos: The use of explicit images in profile and cover photos is not allowed, even if partially or totally hidden by emojis, under penalty of blocking the account until regularization. Posts that involve illegal practices and/or in violation of these Terms of Use will be removed immediately and may lead to a ban on the account.
v. Profile Biography: The use of explicit, inappropriate or inappropriate texts is not allowed, and is subject to sanctions until regularization. Biographies that involve illegal practices and/or in violation of these Terms of Use will be removed immediately and may lead to an account ban.
vi. Violation of Content Published on the Platform: The profiles will have an exclusive reporting channel, allowing Users to inform Privacy about the content and/or interactions that violate these Terms and/or the applicable legislation. Privacy may delete content that it identifies as contrary to the Acceptable Use rules and/or applicable legislation, without generating the right to compensation. Content may be deleted whenever there is a well-founded suspicion of violation or risk to the security of Users.
vii. Ensuring the Security and Integrity of the Platform: The User must not perform acts that compromise the integrity, security or operation of the platform, including decompilation, reverse engineering, violation of security systems or unauthorized access to third-party information or accounts, as well as cyber attacks or overloading of Privacy's servers. User agrees not to remove, modify, or tamper with copyright, trademark, or any proprietary notices; nor use the platform in a way that interferes with the operation, overloads or impairs the experience of other Users. The User undertakes not to disable, damage, impair or interfere with the use of the platform by any other party, including real-time activities. This includes, but is not limited to: hacker attacks, bombings, floods, overloads, or "denial of service" attacks; probing, scanning or testing vulnerabilities of the platform or any associated server, network or system; breach or circumvention of firewall, encryption, security, or authentication routines; Access to non-intended information or another user's account without express authorization.
viii. Prohibition of Automated and Competitive Use: The use of automated programs, tools or processes (including web crawlers, robots and scripts) by the User to access Privacy or associated networks/systems, or to extract, collect or harvest content or information from the platform without authorization is prohibited.
ix. Prohibition of Credential Sharing: The access credentials to the account on the platform, including login, password and other authentication data, are for strictly personal and non-transferable use. The Subscriber is prohibited from sharing, assigning, disclosing or in any way transferring his credentials to third parties, whether free of charge or for a fee. Privacy employs methods of continuous monitoring of access and usage patterns, so the identification of credential sharing, simultaneous access by multiple devices or any practice that indicates non-personal use of the account may lead to the immediate application of the sanctions provided for in these Terms of Use.
x. Consequences for Non-Compliance: Content that violates these Terms may be removed with notice to the User. Repeat offenses or serious infractions may result in account blocking or banning, subject to applicable legal remedies. Privacy may act immediately when there is a risk to the security, reputation of the platform or the rights of third parties.
xi. Protection of Minors: If a minor is identified on the platform, registration and content will be immediately deleted. Parents or guardians should notify Privacy by e-mail [email protected].
xii. Death of the Influencer/Creator: In the event of the death of an Influencer/Creator registered on the platform, anyone with knowledge of the event can contact Privacy through the email [email protected], which may request supporting documents for the suspension of the account as a result of the death, in order to enable the suspension of the account and other measures, respecting the memory and legal rights of this Influencer/Creator.
xiii. User Representations and Warranties: The User declares to be 18 years of age or older, to fully comply with these Terms, to assume full responsibility for the use of the platform and the content published, when Influencer/Creator is acquired, when Subscriber, and to provide true, complete and up-to-date information.
xiv. Use on behalf of Third Parties: Users who use the platform on behalf of a company or entity declare that they have the power to bind that company or entity to these Terms. Privacy may request proof of consent at any time.
xv. Publication of Content by Photographers and Third Parties: Photographers can act as Influencers/Creators, as long as they send the Image Authorization Term, Identity Document and selfie of all those involved to the email [email protected]. Failure to comply may lead to content deletion and the blocking of the account until the documents are sent.
xvi. Content Fidelity: Influencers/Creators must ensure the veracity between the content published and that offered to Subscribers. Disagreements can lead to the blocking of the account until regularization. Content that uses misleading thumbnails, captions, or descriptions to attract subscribers will be considered a violation of good faith.
xvii. Good Coexistence Practices: Users must maintain a respectful and cordial posture, refraining from disclosing third-party content in an unauthorized manner. Privacy encourages amicable dispute resolution, but reserves the right to intervene when there is a violation of these Terms or a risk to the safety of those involved.
xviii. Sanction for Subscribers: It is forbidden to insult, harass, disseminate hate speech or any discriminatory behavior, as well as disclose personal data of one's own or third parties, including address, telephone, e-mail or social network profiles. It is also not allowed to share links, screenshots, recordings or any content. Failure to comply will result in the sanctions provided for in these Terms of Use, including banning, retention of data to prevent new registration and reporting to the competent authorities, according to current legislation.
13. Influencer/Creator Content
i. License to View: By creating and publishing the Influencer/Creator's content on Privacy, the Influencer/Creator grants its Subscribers a limited, personal, revocable, non-transferable license to access and view the content exclusively through Privacy's platform. This license is restricted to personal, lawful and non-commercial use, and any form of export, including but not limited to downloading, copying, reproducing or redistributing the content outside the permitted terms, is prohibited. This license does not confer on the Subscriber any ownership or title rights in the content, nor authorization to use it outside the platform, even if it has been paid.
ii. Rights and Obligations on the Content: The Influencer/Creator warrants that they have a valid license or hold all necessary rights to the content posted, including copyright, image, and any other applicable rights. If the content includes or uses third-party property (such as music, videos, or images), the Creator has all necessary authorizations, licenses, consents, and written clearance for such use.
iii. Prohibition of Content Involving Minors: It is strictly forbidden to publish any content that depicts, depicts or includes persons under 18 (eighteen) years of age. The Influencer/Creator must carry out a prior inspection and obtain valid and written documentation proving that all people involved in the content are at least 18 (eighteen) years old on the date of creation, recording or capture of the material. The submission of false or adulterated documents will be treated as a serious violation, subject to account banning and civil and criminal liability.
iv. Confidentiality and Availability: The Influencer/Creator's content is not considered confidential and will be made publicly available to Subscribers of the platform through the address "privacy.com.br". The Influencer/Creator acknowledges that, once published, the content will be accessible in accordance with the Terms of Use and other Policies of the platform.
v. Quality and Compliance: The content provided will meet quality standards considering its description, price and other information disclosed by the Influencer/Creator. The content must be fit for the purpose for which the Subscriber has shown interest, including any statement or promise made by the Influencer/Creator about the nature of the material. Excessive repetition of content, use of misleading descriptions or intentional low quality may give rise to the application of the sanctions provided for in these Terms of Use.
vi. Influencer/Creator Definition and Guarantees: In the event that the Influencer/Creator posts content that includes anyone other than themselves, even if that person is not identifiable, that content will be considered as co-authored content. The Influencer/Creator ensures that each individual shown in the content uploaded to their account:
a) Gave their formal, express, prior and fully informed consent for their participation in the co-authored content by signing the Privacy "Terms of Co-authorship";
b) Agreed to the publication of the co-authored content on Privacy. The third party that participates in the content may, at any time upon proof of participation, request the exclusion of the content even if with any Term of Authorization for the Use of Image and Voice previously signed.
vii. Licenses and Permissions: In any co-authored content, the Influencer/Creator who makes the material available on the platform is responsible for obtaining and maintaining all necessary licenses and consents from all participating third parties. These licenses must be sufficient to enable the publication and distribution of the content on Privacy.
viii. Payment and Commission to the Third-Party Participant: The Influencer/Creator agrees that the amounts of the content published in co-authorship with a third party will be paid to the profile to which the content is linked. Thus, the Influencer/Creator is exclusively responsible for any payment of commission to the participating third party, and there is no involvement of Privacy in relation to the Influencer/Creator and the third party. Any agreement on the division of values must be handled exclusively between the Influencers/Creators and the third parties involved, so that Privacy is not responsible for the fulfillment of such agreements. The platform does not make direct transfers to third party participants, even if they are included in any authorization terms sent to the platform.
ix. Request for Documentation and Consequences: If the Influencer/Creator publishes co-authored content, Privacy may, at any time, request the presentation of complete legal documents referring to all the people portrayed in the material, and the Influencer/Creator must provide these within 3 (three) calendar days. Failure to comply with the request may result in the removal of the content, restriction of the rights and permissions of the Influencer/Creator, blocking of their account until the situation is regularized.
x. Controversies Related to Co-authored Content: The Influencer/Co-Author acknowledges and agrees that they may not file complaints against Privacy in relation to co-authored content, and any dispute regarding this type of content shall be resolved exclusively between the Influencers/Creators involved, without any involvement or intervention by Privacy.
xi. Influencer /Creator Responsibilities for Content and Information: The Influencer/Creator is fully responsible for any content they post, including its legality, reliability, accuracy, and appropriateness. The Influencer/Creator undertakes to indemnify Privacy, its licensees, successors, and assigns against all liabilities, costs, expenses, and damages arising from the submitted content, including direct and indirect losses, lost profits, lost profits, consequential damages, interest, fines, and attorneys' fees. Privacy is not responsible to third parties for the content or veracity of the information published by Users on the platform.
xii. Record Keeping: By registering on the Privacy platform, the Influencer/Creator acknowledges and agrees that it is their responsibility to keep records of the content sent and ensure that such content complies with all applicable legal requirements.
xiii. Influencer/Creator's Responsibilities for Misuse of the Platform: The Influencer/Creator agrees to indemnify Privacy, its licensees, successors, and assigns against all liabilities, costs, expenses, damages, and losses arising from the content posted on the platform, including direct, indirect, or consequential losses, loss of profit, loss of and emerging profits, interest, fines, and attorneys' fees, in addition to any other legal costs or professional expenses that may be incurred due to the misuse of the platform or the violation of the rights of third parties.
xiv. Use of Artificial Intelligence (AI) in Content: If the Influencer/Creator uses AI (Artificial Intelligence) in the generation of their content, they must clearly indicate this information in their profile and in the descriptions of their content, ensuring that Subscribers are aware of the artificial nature of the material made available. The omission of this information may be considered a misleading practice, subject to sanctions provided for in these Terms.
xv. Restrictions on the Use of Artificial Intelligence (AI): The Influencer/Creator who uses Artificial Intelligence in the creation of their content agrees and guarantees that they will not use AI to generate adulterated or realistic content of public persons or identifiable third parties, nor for any purposes prohibited by these Terms of Use or by applicable legislation, committing to respect privacy rights, image and integrity of third parties.
i. How It Works: The "Mimo" feature allows the Subscriber to send values to the Influencer/Creator spontaneously, without any obligation to deliver content or consideration. It is a total liberality on the part of the Subscriber, characterized as a gesture of generosity, and is therefore not refundable or subject to reversal under any circumstances. Sending gifts does not constitute a purchase or commercial transaction. Privacy is not responsible for any agreements made outside the platform involving such functionality.
ii. How to Send: The sending of treats is carried out through the "Treat" button, available on the Influencer/Creator's profile, in their publications and in the chat.
iii. Absence of Obligations for Payment of Treats: The sending of Treats does not generate any obligation on the part of the Influencer/Creator. Thus, the sending of gifts does not entail or guarantee any receipt of content, interaction or delivery by the Influencer/Creator, regardless of the amount deliberately spent. Therefore, Privacy is not responsible for negotiations carried out outside the platform or in obligatory agreements involving pampering.
iv. Value Limits: The sending of gifts is subject to a minimum limit of R$ 5.00 (five reais) and a maximum of R$ 10,000.00 (ten thousand reais) per transaction, and these values may be changed according to Privacy's internal policies or by legal requirement.
v. Accepted Payment Methods: The sending of treats in the Brazil region can be carried out exclusively through PIX, Privacy Wallet and E-Wallets, in other regions the sending can be carried out in the aforementioned modalities and also by credit card.
vi. Violation of the Content Published for Mimo: The profiles will have a reporting channel, allowing Subscribers to inform Privacy about content that presents serious violations, such as: apology for pedophilia, rape, zoophilia or the presence of animals in the publications; dissemination of unauthorized ads, sweepstakes or raffles; scatological material; requests or sharing of users' personal information; misuse of brands; as well as the placement of WhatsApp, telephone, PIX or similar numbers in order to carry out transactions or negotiations outside the platform environment. Users acknowledge that Privacy may remove any content mentioned above or that does not comply with the Acceptable Use section provided for in these Terms of Use, without such deletion giving rise to the right to compensation. The removal will occur preventively and may occur whenever there is a well-founded suspicion of violation of the platform's guidelines or risk to the security of Users.
i. How It Works: Paid media consists of digital content of a single and premium nature, made available directly by the Influencer/Creator for individual payment, and is not included in the regular subscription to the profile. This type of content can be offered on both free and paid profiles, and is accessible exclusively to Subscribers who have an active subscription with the Influencer/Creator's profile. The availability, maintenance and eventual removal of paid media are the sole responsibility of the Influencer/Creator.
ii. Access Conditions: In profiles with a subscription, only active Subscribers can purchase paid media. In free profiles, it is necessary that the User is formally subscribed to the Influencer/Creator's profile to view and unlock the content. In both cases, access is conditional on the existence of a prior link between the User and the Influencer/Creator.
iii. Form of Availability and Access: The publication of paid media occurs on the Influencer/Creator's profile, following the standard flow of posts. However, the content remains locked until payment is confirmed. The description of the media is optional, and it is up to the Influencer/Creator to choose whether to insert it or not.
iv. Unlocking Content: Unlocking is done through the "Unlock Content" button, which redirects the User to the payment page. After purchase, the content will be available for 30 (thirty) calendar days, and it is the responsibility of the Influencer/Creator to decide whether to keep or delete the material after this period, as well as to maintain or delete their account.
v. Value Limits: The value of paid media will be defined by the Influencer/Creator with a minimum limit of R$ 5.00 (five reais) and a maximum of R$ 200.00 (two hundred reais) per transaction, and such values may be changed according to internal Privacy policies or due to legal or regulatory requirements.
vi. Accepted Payment Methods: Paid media can be purchased through PIX, Privacy Wallet, E-Wallets or Credit Card.
vii. Violation of Content Published for Paid Posting: The profiles will have an exclusive reporting channel, allowing Subscribers to communicate to Privacy the existence of content that violates the platform's guidelines, such as: apology for pedophilia, rape, zoophilia or the presence of animals in the publications; dissemination of unauthorized ads, sweepstakes or raffles; scatological material; requests or sharing of users' personal information; improper trademarks; or even the disclosure of personal contacts, such as WhatsApp, telephone, PIX and similar numbers, for the purpose of transacting or negotiating outside the platform environment. Users acknowledge that Privacy may remove any content mentioned above or that is not in accordance with the Acceptable Use section provided for in these Terms and Conditions of Use, without such exclusion giving rise to the right to compensation. The removal will occur preventively and may occur whenever there is a well-founded suspicion of violation of the platform's policies or risk to the security of Users.
viii. Prohibition on the Exclusive Use of Paid Media: The use of the platform for the maintenance of profiles composed entirely of Paid Media is expressly prohibited. Privacy reserves the right to block or ban profiles that use the feature in an abusive way or in non-compliance with the platform's objectives, especially when there is no content accessible for free or via regular subscription. Violation of this rule may result in sanctions, including account banning, in accordance with the provisions set forth in these Terms of Use.
i. How It Works: The challenge is a type of paid post in which the Influencer/Creator sets a target amount and suggests pre-established financial contributions to Subscribers. The amount paid by each Subscriber may be higher than initially stipulated, at its sole discretion. Once the established goal is reached, the content is automatically unlocked and made available exclusively to Subscribers who have contributed financially to that challenge.
ii. Who Can Participate: On paid profiles, only Subscribers can view and contribute to challenges. In free profiles, it is necessary that the user is subscribed to the profile of that Influencer/Creator. In all cases, there must be a prior link between User and Influencer/Creator (subscription or free subscription) for the content unlocked by the challenge to be accessible.
iii. How to Participate: The publication of the challenge follows the regular flow of posts and is displayed in the Influencer/Creator's feed with a clear indication that it is content blocked by financial goal. The content is automatically unlocked for the Users who have contributed, as soon as the target value is reached.
iv. Amount Limits: Contributions may be of a minimum of R$ 5.00 (five reais) and a maximum of R$ 2,000.00 (two thousand reais) per transaction, and such amounts may be changed according to Privacy's internal policies or due to legal or regulatory determinations.
v. Accepted Payment Methods: Contributions can be made via PIX, Privacy Wallet, E-Wallet or Credit Card.
vi. How-to: Influencers/Creators can create a challenge by setting a target value and posting a blocked content in the feed. Only Subscribers who contribute will have access to the content when the goal is reached.
vii. Post Creation: Influencers/Creators must access their posts area and select the "Challenge" option. Next, you need to:
a) Define the total target amount that should be collected (between R$ 50.00 and R$ 2,000.00);
b) Add an optional description of what will be released at the end of the challenge; and
c) Upload the blocked content (image, video or other type allowed on the platform).
viii. Publication and Collection of Contributions: The challenge is published in the feed and is "visible" to all Subscribers (or "subscribed" Users in the case of free profiles). Each Subscriber can contribute with any amount, as long as it is equal to or greater than the minimum amount of R$ 5.00 (five reais).
ix. Release of Content: Once the target amount is reached, the content will be automatically released only to Users who have contributed financially. Users who did not participate financially will not have access, even if they are subscribers to the profile.
x. Duration and Validity of Content: Challenge content is available for thirty (30) calendar days after release. After this period, it will be up to the Influencer/Creator to decide whether to maintain or delete the published material, as well as their account.
xi. Violation of the Content Published for the Challenge: The profiles will have an exclusive reporting channel, allowing Subscribers to inform Privacy about content that presents prohibited violations, such as apology for pedophilia, rape, zoophilia or the presence of animals in the publication, dissemination of unauthorized ads, sweepstakes or raffles, scatological material, requests or sharing of users' personal information or misuse of brands, disclosure of whatsapp, telephone, PIX and similar numbers that aim to transact and negotiate outside the platform environment. Users acknowledge that Privacy may remove any content mentioned above or that is not in accordance with the Acceptable Use section provided for in these Terms and Conditions of Use, without such exclusion giving rise to the right to compensation. The removal will occur preventively and may occur whenever there is a well-founded suspicion of violation of the platform's policies or risk to the security of Users.
i. Eligibility for Influencers/Creators: Only Influencers/Creators who have total revenues equivalent to R$ 5,000.00 (five thousand reais – BRL) will be able to use Privacy's live streaming functionality. The amount may vary depending on the exchange rate and the fees applicable to the payment method according to your region and location.
ii. Regularized Account: The Influencer/Creator must maintain their account in good standing and meet all the eligibility criteria set forth in the platform's Terms of Use. Privacy may, at its sole discretion, restrict, suspend or cancel access to the live functionality if it identifies risks, irregularities or suspicions of fraud.
iii. Before Starting a Live: The Influencer/Creator must expressly agree to the Terms of Use, also committing not to hold or promote sweepstakes or raffles, not to perform any explicit sexual acts and not to promote or disseminate third-party advertisements and advertisements during the broadcast. The Influencer/Creator also declares that he holds all the necessary rights over the content that will be transmitted, being fully responsible for any violations of third-party rights.
iv. Subscriber Access: The Subscriber's entry into a live broadcast will be subject to the payment of the amount stipulated by the Influencer/Creator, and this payment will only be processed after the effective start of the Live. Payment will be made via PIX or Privacy Wallet. Privacy may, at its sole discretion, include or not other forms of payment for the use of the Live interaction.
v. Live Broadcasts: All Influencers/Creators will be able to perform Lives, in the following modalities:
a) Free Live: Influencers/Creators will be able to carry out live broadcasts (Lives) for free once a day within a limit of 60 (sixty) minutes. If the Live is ended before this deadline, the Influencer/Creator will not be able to start a new broadcast on the same day, even if they have not used the total time allowed.
b) Paid Live: Influencers/Creators will be able to perform live broadcasts (Lives) in an unlimited way.
vi. Prior Scheduling and Cancellation of Live: The advance disclosure of broadcasts will be authorized only after their official scheduling on the platform, allowing Subscribers to have prior knowledge of the event. The Influencer/Creator may cancel the Live before it starts without any prejudice to Users, since there is no charge prior to the start of the broadcast. Lives must fully comply with the guidelines set forth in the Acceptable Use section of these Terms of Use.
vii. Interruption of Broadcasts in Case of Violation of the Platform's Rules: The Lives will have a reporting channel, allowing Subscribers to inform Privacy about broadcasts that present prohibited content, such as apology for pedophilia, rape, zoophilia or the presence of animals in the video, dissemination of unauthorized ads, sweepstakes or raffles, scatological material, requests or sharing of users' personal information, misuse of trademarks and/or use of previously recorded materials and/or content for reproduction in the live broadcast. The transmission of Lives that contain explicit sexual relations is also not allowed. Users acknowledge that Privacy may interrupt the live broadcast if it identifies any conduct contrary to the rules set forth in the Acceptable Use section described in these Terms of Use and/or current legislation, without this generating any right to compensation. In addition, transmissions may be terminated preventively by Privacy whenever there is a well-founded suspicion of violation of the platform's policies, current law or risk to the safety of users.
viii. Sanctioning of Lives for Influencers/Creators: The decision regarding the application of sanctions for violations of the Terms of Use and/or the applicable law in force will be up to Privacy, without prejudice to the adoption of other measures provided for in these Terms, including the banning of the platform, with the retention of data in order to prevent new registration and new violations of the same User. The Influencer/Creator who violates these guidelines, the Terms of Use or any other applicable policy will be subject to the sanctions provided, to be applied according to the severity of the violation. Recidivism may aggravate the penalty, including the banning of the Influencer/Creator's account from the platform.
ix. Sanctioning of Lives for Subscribers: It is forbidden to insult, harass, disseminate hate speech or any discriminatory behavior, as well as disclose personal data of one's own or third parties, including address, telephone, e-mail or social network profiles. It is also not allowed to share links, screenshots, recordings or any content of the lives in an unauthorized way. Failure to comply with these rules will result in the penalties provided for in these Terms of Use. The decision regarding the application of the sanction will be up to Privacy, without prejudice to the adoption of other measures provided for in these Terms of Use, including the banning of the platform, with the retention of data in order to prevent new registration and new violations of the same User. Repeat offense may lead to a ban on the Subscriber.
x. Access a Live: By accessing a live broadcast, the Subscriber agrees that the accepted means of payment are PIX and Privacy Wallet, and there is no possibility of refund, except in the cases expressly provided for in these Terms of Use. The Subscriber declares to be aware that the amount paid refers to the unique and specific access to that transmission, with no guarantee of a new subsequent exhibition.
xi. Limitations of Liability: Live is a feature that allows the transmission of live content, and it is the sole responsibility of the Influencer/Creator to obtain and maintain all rights, authorizations, consents and licenses necessary for the use, exhibition, transmission and distribution of the content presented. The Influencer/Creator guarantees that the content does not infringe the rights of third parties, including intellectual property, image rights, privacy or publicity, as well as declares that the material does not contain viruses, spyware or any malicious code. The Influencer/Creator also undertakes not to use copyrighted phonographic works without the proper license and not to reproduce any content that violates these Terms of Use. Privacy is not responsible for technical failures, connection drops or any interruption in transmission that results from factors beyond its control.
i. General Rules: The video call is initiated through an invitation sent by the Influencer/Creator in the platform’s chat environment, upon prior definition of a minimum duration of 5 (five) minutes and a maximum of 120 (one hundred and twenty) minutes and the amount to be paid by the Subscriber, which will be charged at the time of acceptance of the invitation, exclusively via PIX or Privacy Wallet. The value of the video call will be stipulated by the Influencer/Creator, observing the minimum limit of R$ 39.90 (thirty-nine reais and ninety cents) and a maximum of R$ 5,000.00 (five thousand reais).
ii. Confirmation and Start: The invitation expires within 10 (ten) minutes if payment is not made. Once the payment is confirmed, the video call will be initiated as agreed between the Influencer/Creator and the Subscriber. Video calls can still be scheduled in advance by the Creator/Influencer, who is obliged to carry it out according to the stipulated schedule.
iii. Duration and Termination: The call time countdown starts only with the entry of the Influencer/Creator and will remain active until both disconnect. In the event of outages or instability, the call room will remain available for reconnection for up to thirty (30) minutes. The "End Call" button can be used by either party for manual termination.
iv. Technical Permissions and Privacy: To use the functionality, it is mandatory to grant access permissions to the camera and microphone of the device used. The call is compatible with both mobile devices and computers.
v. Refunds: The request must be sent to the [email protected] email within 72 (seventy-two) hours after the occurrence of the call, accompanied by evidence. The evaluation will be made by the Privacy team as determined by these Terms of Use and the Privacy Policy. Subscriber's request for a refund will be accepted exceptionally when:
a) The Influencer/Creator does not attend the call;
b) There is a serious or recurring disconnection during the call, proven by technical logs;
c) There was a violation of these Terms of Use.
vi. Responsibilities and Penalties: The use of the video call must fully comply with these Terms of Use, including the rules of coexistence, the content rules and the applicable legal provisions. Violation of these rules may lead to the blocking or banning of the User's account, as well as the blocking of amounts eventually due, without prejudice to the sanctions provided for in the applicable legislation.
i. Legal Compliance: Privacy fully respects the intellectual property rights of third parties and complies with the provisions of the Copyright Law ("LDA"). Failure by the User to comply with the LDA will result in the immediate removal of the infringing content, without prior notice. If the User repeatedly violates the LDA, his account may be blocked or banned, without prejudice to other applicable measures according to the applicable legislation.
i. Creation of Links for Profile Disclosure: The User may generate a link to Privacy's home page, through the features within their profile, as long as the link is carried out fairly, legally and does not damage the reputation of the platform, nor does it suggest any type of association, approval or endorsement by Privacy without express authorization. The platform may provide social media features that allow the User to:
a) generate links from its own or third-party websites to specific content on the platform;
b) share specific content by email or other communications;
c) display limited portions of the Privacy content on your own page.
ii. Restrictions on Links and Integration with Other Websites and Applications: The User is expressly forbidden to:
a) Establish a link from any website that is not owned by you;
b) Display the platform or parts of it within other websites by means of framing, direct links or other techniques;
c) Create links to any Privacy page other than the home page;
d) Share or solicit personal information from any User;
e) Perform any action that violates the Privacy Terms of Use.
f) Remove or obscure any trademark, logo, or copyright notice displayed by Privacy.
iii. Revocation and Modification of Features: User agrees to cooperate with Privacy to immediately remove any unauthorized link or framing whenever requested. Privacy reserves the right to cancel any linking permission without notice and may, in its sole discretion, disable all or any social media features and links at any time.
iv. Links to Third-Party Websites: The platform may contain links to websites and resources provided by third parties, made available solely for the User's convenience, including, without limitation, links in advertisements, banners, or sponsored links. Privacy does not control the content of these sites, is not responsible for their practices, and will not be liable for any loss or damage arising from the use of these links. The User who accesses third-party websites linked to Privacy does so at his or her own risk, subject to the terms and conditions of such external websites.
21. Referral Program and Incentive Payment
i. Eligibility and Participation: Privacy offers a referral program that encourages Users to introduce the platform to people interested in becoming Users. To participate, the User must have a validated Privacy account and be selected by the platform's team. Each eligible account will receive a unique referral URL that will allow them to receive Incentive Payments.
ii. Incentive Payment Requirements: The referred User must use the unique URL provided by the respective Influencer/Creator and register with Privacy in the same browser in which they clicked on the link. Privacy will not make the Incentive Payment in the following situations:
a) the indicated User does not use the reference link correctly;
b) the referred User has already been a member of the platform or has had an account previously banned;
c) the referred User creates multiple accounts, and payment is valid only for the first correctly registered account.
iii. Prohibition of Abusive Practices: It is expressly forbidden for Users to use deceptive or fraudulent practices to represent Privacy and attract new referrals, including, but not limited to, "pyramid climbing" schemes or any form of financial pyramid. If any irregularity is detected in the Incentive Payments, Privacy reserves the right to recover amounts unduly paid to the User. Attempting to circumvent the system may result in blocking or banning the account.
iv. Verification and Control: To prevent abuse of the referral program, Privacy may verify the credentials and identity of referred Users and those who claim to have made the referral. If irregularities are identified, Privacy may refuse or cancel Incentive Payments without prior notice.
v. Incentive Payment Processing: Incentive Payments will be processed on the first business day of each month and paid in accordance with the terms of the platform's Payment Provider. The amount of the Referral Payment will be deducted from the intermediation carried out by Privacy and not from the amount earned by the referred User.
vi. Validity of the Incentive Payment: The Incentive Payment will be valid for six (6) months after the registration of the User indicated in Privacy.
22. Disclaimer of Warranties and Limitations of Liability
i. Disclaimer of Warranties on Privacy Services: All services and features provided to Users are made available without warranties of any kind, either express or implied. To the maximum extent permitted by law, Privacy disclaims any and all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third party rights.
ii. Limitation of Liability on the Platform: Privacy does not guarantee the accuracy, integrity or reliability of the services and content, nor the results arising from the use of the platform. Privacy will not be responsible for any reliance placed by the User or third parties on materials made available on the platform.
iii. Availability and Security of the Services: Privacy does not guarantee that the features of the platform:
a) they will be available at any specific time or place;
b) they will be secure, uninterrupted and error-free;
c) will be corrected immediately in case of defects;
d) they will be free of viruses or harmful components. The User is responsible for adopting appropriate protective measures to ensure their digital security, including backups and data loss protection mechanisms.
iv. Technological Risks and Information Security: To the maximum extent permitted by law, Privacy will not be liable for any loss or damage arising from cyber-attacks, including denial-of-service ("DDoS") attacks, viruses or other malicious materials, which may compromise equipment, programs, data or other information stored by the User as a result of the use of the platform.
v. Interruption of Services for Maintenance: Privacy does not guarantee that the platform will be available 24 (twenty-four) hours a day, 7 (seven) days a week, since it may perform periodic maintenance.
vi. Exclusion of Liability for Indirect Damages: In no event shall Privacy be liable, whether in contract, tort, negligence, or any other legal basis, for indirect, incidental, exemplary, special, punitive, or consequential damages, including but not limited to loss of use, profits, data, information, reputation, or business opportunities resulting from the use of or inability to use Privacy's services.
vii. Liability for Improper Distribution of Content: Privacy will not be liable if the User's content is illegally distributed by another User. However, if this occurs, the User can follow the steps below:
a) Click on your profile picture;
(b) Access the "Leak" option;
(c) Fill in the requested information, such as title, link to the leaked content, description and, if desired, images for proof.
viii. Disclaimer on Improper Use of the Platform: Privacy will not be responsible for any consent given by the User as a result of the use or inability to use the platform and its services improperly, that is, in disagreement with the provisions of these Terms of Use.
ix. Compliance with Current Legislation: In cases where the applicable legislation does not allow the exclusion or limitation of liability, Privacy will observe the provisions of the applicable legislation for any unlawful acts that may be found.
x. Prohibition of Illegal Content and Abusive Practices: Privacy is not responsible, either civilly or criminally, for any content made available by Users, and it is expressly prohibited:
a) publication of content involving minors under 18 years of age or that advocates pedophilia;
(b) making content available to minors by any means;
(c) disclosure of escort services, incitement to prostitution or sexual exploitation;
d) use of the platform for pyramidal marketing practices or any form of fraudulent scheme;
(e) manifestations of hatred, including but not limited to racism, xenophobia, homophobia, religious intolerance, socioeconomic discrimination, or offenses to personal characteristics;
(f) use of the platform for defamation, slander or injury to the honor of third parties;
(g) use of Privacy for purposes other than those for which it was created, such as marketing, e-commerce or unauthorized advertising.
xi. Sanctions for Violation of the Rules: The User who, while using the platform, practices any of the aforementioned offenses will be subject to the applicable legal sanctions. Privacy disclaims any liability for such conduct. If a User identifies any violation of these rules, they must immediately notify the support team by email [email protected], so that action can be taken.
xii. Other Disclaimers: Privacy shall not be liable if:
a) The services do not meet the User's expectations;
b) There are direct, indirect, incidental, special or exemplary damages suffered by the User as a result of the use of the platform.
xiii. Right to Compensation: Nothing in these Terms excludes or limits Privacy's right to be compensated for losses and damages caused by the action or omission of Users, including actions against third parties.
xiv. User Warranties and Risks: The User expressly understands and agrees that the use of the Privacy services is at their own risk, being provided "as is" and "as available".
xv. Disclaimer on Use of the Platform: By using Privacy, User agrees to hold harmless and defend Privacy, its employees, agents, representatives, successors, and assigns against any and all claims, demands, lawsuits, judgments, liabilities, losses, costs, and expenses (including attorneys' fees and court expenses) arising out of:
a) your use of Privacy or any of its services or features;
b) any User content created, published or made available on the platform;
c) any negotiation or interaction between Privacy Users;
d) any violation of the Terms of Use or applicable law.
xvi. Independence and Legal Obligations of Users: The appointment of Privacy as an intermediary for intermediation in the Influencer/Creator's revenue does not establish any partnership, partnership or employment relationship between Privacy, the Influencer/Creator and the Subscriber. All parties are independent and responsible for complying with their respective legal and tax obligations, including the payment of taxes or charges required by regulatory authorities. If a User fails to comply with such obligations, he must indemnify Privacy for any loss or expense incurred, including administrative and management costs arising from such non-compliance.
23. Governing Law and Dispute Resolution
i. Applicable Law and Competent Jurisdiction: The User consenting to this Term and Privacy agree that these Terms will be governed by and interpreted in accordance with the laws of the Federative Republic of Brazil, to the maximum extent permitted by applicable law, and that any dispute between the User and Privacy, arising out of or related to the use of the platform or these Terms, including controversies of a non-contractual nature, will be submitted to the competent Brazilian courts.
ii. Local Law: Without prejudice to the foregoing, nothing in this clause shall be construed as limiting rights guaranteed by mandatory rules of the User's country of residence. The User may invoke, where applicable, the mandatory provisions of the local laws of his/her 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.
iIi. Deadline for Claims or Legal Actions: Except for 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 one (1) year from the date on which the fact giving rise to the claim arose, failing which the right to plead waived the claim.
i. Waiver of Rights: No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of the same provision or any other provision. Privacy's failure to exercise any right or provision contained in these Terms shall not constitute a waiver of that right or provision. All rights not expressly granted in these Terms remain reserved by Privacy.
ii. Partial Invalidity of Provisions: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary to ensure that the remaining provisions shall continue in full force and effect.
25. Sanctions and Procedures in Case of Violation
i. Applicable Measures in Case of Violation: In case of violation of the Terms of Use, Privacy reserves the right to apply sanctions, which may range from formal warnings, temporary withdrawal blocks to the blocking or banning of the User's account, depending on the severity and repetition of the violation. Privacy may also adopt other appropriate measures provided for by law.
ii. Account and Amounts Blocking (Withdrawal): If repeated violations of the Terms of Use and platform policies are identified, Privacy may temporarily block the Influencer/Creator's profile or the Influencer/Creator's withdrawal, with a period between 3 (three) days and 30 (thirty) days per violation. During this period, the Influencer/Creator may be removed from the platform's searches and, if necessary, have amounts blocked to ensure compliance with Privacy rules.
iii. Account Ban: In extreme cases, Privacy reserves the right to ban the profile of the Influencer/Creator who repeatedly and/or severely violates the Terms of Use or platform policies, putting the well-being of the community and the fundamental principles of Privacy at risk. This decision will be formally communicated to the User.
i. Service Channel: For questions, suggestions or any concern related to the Privacy platform, the User can contact the support team through the email [email protected].
