GLOSSARY – PLATFORM PRIVACY
In these Terms, the following terms and expressions mean:
Subscriber: A User who follows a Creator and views the Creator's content upon payment;
Agency/Agent: Talent agency focused on monetization and commercialization of exclusive content, by managing the content of their agents;
AI: Artificial Intelligence;
Third-Party Commission – Co-authorship: The Creator is responsible for splitting/distributing the revenue earned from co-authored content, or that will be received via contact indicated within the platform;
Commission: Amount charged by the platform due to the use of its technology as an intermediary between the Creator and Subscriber, calculated as a percentage of the Revenue earned by the Creator, paid by Subscribers to view the Creator User Content or to use the Interaction;
User Account: A section of the platform accessible only by PRIVACY or the User who owns it, including, among other things, Payment Provider Options and Payment;
User Content: Any and all photos, videos, and other material uploaded to the platform by a Creator;
Creator: A User who uploads Content to the platform to be viewed by other Users;
Chargeback: A request from a credit card provider for PRIVACY to compensate the loss suffered by the credit card provider because the User disputed, without justification, a purchase paid for with their credit card;
Payment Provider: Any third party approved by PRIVACY that allows a User to make payments or a Creator to receive payments;
Interaction: Any functionality offered by a Creator as part of the User Content, hosted by Privacy, that allows a Subscriber to interact with (instead of just view) the User Content and/or the Creator;
IR: Income Tax;
IRPF: Individual Income Tax;
Payment Options: Instructions given by each Creator to a Payment Provider on how the Commission will be detailed by the Payment Provider to the Creator;
ORANGE SEA CORP., a private legal entity, registration number 2121942 with the authorities of the British Virgin Islands, headquartered at 80 Main Street, PO BOX 3200, Road Town, Tortola VG1110, British Virgin Islands. ORANGE SEA CORP is the owner of the "Privacy" platform, holding all rights over it;
Referral Payment: Payments made by PRIVACY to Users who refer new Creators. The amount is 5% of all revenue generated by the referred Creator. This payment will occur for 6 months;
Platform: Defined as www.privacy.com.br;
Privacy: A social network that allows Users to provide and view User Content and, when appropriate, use Interaction;
Creator Revenue: The amount paid by a Subscriber to the Creator through the PRIVACY platform to view the User Content or use the Interaction;
Refund: The return of money to a Subscriber after a good faith claim, usually issued before a chargeback;
Relationship: The relationship between a Subscriber and a Creator;
Validation Fee: Amounts occasionally owed by the Creator to Privacy relating to validation, updates, changes to their account, as well as validations performed by the Privacy platform team regarding the Creator's subscriber accounts;
User: Any User of the platform, whether a Creator or a Subscriber;
1. About
- Privacy is a mobile platform (website and/or app) social media that allows Creator Users to create a profile, upload photos and videos to their profile, set a monthly subscription price to be paid by other Subscriber Users who wish to view the content provided, all through the technological platform in question.
- Privacy is operated by the business entity ORANGE SEA CORP.
- These Terms govern the use of the platform, including any content, functionality, and services offered on or through it. By registering and using Privacy, the User accepts and agrees to comply with and abide by these Terms. If the User does not agree with the Terms of Service, they may not access, use the platform, or any other operation linked to Privacy.
- Any information provided on the platform, including responses to "frequently asked questions," does not legally bind PRIVACY, being merely informative and not part of the Terms.
- The platform is offered and available EXCLUSIVELY to users aged 18 (eighteen) years or older and/or of legal age for civil and criminal purposes. By using the platform, the User declares and guarantees that they are 18 years old and/or are of legal age to form a binding contract with PRIVACY.
- PRIVACY reserves the right to make changes to these Terms at any time and at PRIVACY's sole discretion. All changes are effective immediately upon posting and apply to all subsequent access and use of the platform, generating immediate effects for all protected users. By continuing to use Privacy, the User agrees to the Terms as modified or as currently displayed. It is advisable to check this page periodically to be aware of any changes, as they will apply immediately after their amendment.
- By using Privacy, the User agrees to receive communications from PRIVACY electronically, including emails and messages posted on their Privacy account, with more details in the Privacy Policy (available here: Privacy). The User agrees that all communications sent electronically by PRIVACY satisfy any legal requirement that such communications be in writing. If the user wishes to withdraw their consent to receive communications from PRIVACY at any time, they must send an email to support@privacy.com.br, notifying PRIVACY of the withdrawal of their authorization.
- PRIVACY does not own the Content that the User makes available on the platform; furthermore, views expressed by Users within PRIVACY are not and do not represent the views of PRIVACY, i.e., they are not platform accesses to the content provided by the creator but only accesses by Subscriber Users.
- All relationships, transactions, and interactions related to user content on Privacy are between users, except when PRIVACY acts as an agent of a Creator to receive payment from a Subscriber on behalf of the Creator. At no time will PRIVACY be part of or responsible for any transaction or interaction between users.
- When a Subscriber makes a payment to access content provided by a Creator on the PRIVACY platform, the payment is received by PRIVACY on behalf of the Creator. Once the transaction is made through the platform, the Creator will have no right of action for non-payment against the Subscriber and will be required to allow the Subscriber to access the content provided or use the interaction. Section 5 describes the payment process in more detail.
- PRIVACY reserves the right at any time and without prior notice to:
-
- Modify, suspend, or terminate Privacy or any part thereof;
- Restrict, limit, suspend, or terminate your access to Privacy or any part thereof;
- Delete any content posted on Privacy as a Creator if, in PRIVACY's opinion, it does not comply with these terms or national legislation;
- Monitor the use of Privacy (including any content or message the User posts or transmits on Privacy) to verify compliance with these Terms and/or any applicable law;
- Investigate any suspicious use or allegation of misuse or illegal use of Privacy and cooperate with law enforcement agencies in the investigation;
- Disclose information about the use of Privacy in connection with law enforcement investigations of any suspected or alleged illegal activity, or in response to a lawful court order;
- Change payment providers. If PRIVACY does so, PRIVACY will make all reasonable efforts to verify the good faith and fair competition of the new Payment Provider and notify the User. Applicable details will be sent to the User's contact.
- Periodically, PRIVACY may restrict Users' access to some parts of the platform or the entire platform.
-
- If the user does not accept and agree to all these conditions, they may not access or use the platform. The Privacy Policy describes in more detail how PRIVACY uses third parties to verify your eligibility.
2. How does it work?
- Privacy is a social media platform that allows creating a user profile, which in turn allows:
-
- Uploading User Content to be viewed by other Users and, after payment, have an Interaction to be used by other Subscribers; and/or
- Subscribing to view a User's content, with possible access to Interaction.
-
3. Account registration
- To become a User, it is necessary to register and create a User Account on the Privacy platform. For this, a valid email address, a username, and a password or a valid Twitter account must be provided. It is a condition of platform use that all information provided on the platform is correct, up-to-date, and complete.
-
- Privacy allows Users to connect a Twitter account and post any Privacy post on Twitter. When using this feature, the User must fully comply with and respect Twitter's terms of service, which can be read in full at: “https://twitter.com/tos”
-
- Currently, the platform only supports registrations for individual users. If the User intends to register as a legal entity, they must contact our support team at suporte@privacy.com.br, requesting account opening by CNPJ. It is necessary that a legal entity is active, is the holder of a bank account, and submits the Proof of Registration and Registration Status and the constitutive act.
- Only accounts owned by legal entities will be opened in two (2) cases: (i) if the applicant is an individual with majority control of the legal entity; and (ii) if the applicant is represented by an Agency/Agent.
- Only one (1) legal entity account per individual (CPF) will be accepted; it is not possible for the same person to have two or more legal entity accounts for each CNPJ to which they are linked.
1. In the case of Agency/Agent and Agented, the Creator's account may be constituted or changed, with the legal entity of the Agency/Agent as the owner, provided the following documents are validated by Privacy, which are: (i) Agency Service Provision Contract; (ii) Power of Attorney with specific powers of representation before the Privacy platform, granted by the Creator in favor of the Agency/Agent; (iii) Assignment and authorization term for the use of image and voice with the Creator as Assignor and the Agency/Agent as Assignee; and (iv) Updated and duly registered social contract of the agency with the competent public body.
1.1 The above documents must be sent to Privacy signed, with notarization, or digitally via a digital certificate linked to ICP-Brasil.
1.2 The request must be sent to the email juridico@privacy.com, with the above documents attached.
2. Privacy is not part of the relationship between the Agented Creator and the Agency/Agent and has no responsibility arising from it.
- You agree that all information provided as a User or otherwise, including but not limited to information provided through any interactive features on the platform, is governed by PRIVACY's Privacy Policy at https://www.privacy.com.br/privacidade and proceeds based on how and why PRIVACY processes your personal data as set forth in PRIVACY's Privacy Policy.
- If you wish to view a User's Content, you will need to provide payment card details to a Payment Provider. Your payment card information is stored by the Payment Provider.
- If you choose to enter two or more payment cards in your User Account, if the payment of the first card is declined because the payment card is no longer valid, the other payment cards will be automatically charged for the full payment.
- If the Creator wishes to receive Commission payments, they must include payment options in their User Account and upload a valid identification form. Additional legal information may also be required. The exact information depends on your country of residence.
- Amounts owed to the Content Creator will be paid to them by one of our Payment Providers according to their payment options. PRIVACY does not store any data disclosed when registering your payment options with the Payment Provider. Section 5 describes the best payment processes.
- By registering on Privacy, the User confirms that:
- All registration and User Account profile information is true, accurate, and any User Content provided is solely theirs and does not infringe intellectual property rights or any other property rights of third parties;
- If they previously had a User Account on Privacy, their old User Account was not terminated or suspended by PRIVACY for violating the Terms of Service;
- If the registration on Privacy is for personal use, the sale, rental, or transfer of their User Account to third parties is prohibited;
- In the case of a Subscriber, the account provided to the User is personal, non-transferable, and for exclusive use. Assignment, lending, sharing, or any other form of access transfer to third parties, whether free or paid, is expressly prohibited, with the Subscriber solely responsible for account use and must keep their access data, such as login and password, confidential.
- PRIVACY reserves the right to verify the information provided to PRIVACY at any time, as well as its compliance with the Terms. If PRIVACY cannot verify this, PRIVACY reserves the right to suspend the account.
- Use of third-party payment acceleration for subscription payments or any other service via Privacy is prohibited.
- The User is fully responsible for all activities occurring under their contact and for keeping their provisional login data secure. By agreeing to these terms, the user agrees not to disclose these details to any other person or entity and must immediately notify PRIVACY at “support@privacy.com.br” if they believe someone has used or is using their account without permission or if their account has been subject to any other security breach.
- By agreeing to these terms, the User agrees to ensure logging out of their account at the end of each session. The User should take special care when accessing their account from a public or shared computer so that others cannot access, view, or save their password or other personal information, as well as content made available on the platform.
- Each Creator owns their own account and must have constant access to it. The Agented Creator and the Agency/Agent will be jointly responsible for any damages caused to Privacy or third parties, ensuring that all posted Content and all use of the Account comply with the Terms of Service.
- PRIVACY reserves the right to disable any username, password, or other identifier chosen by the User or provided by PRIVACY at any time, at PRIVACY's sole discretion, for any reason or no reason, including if, in PRIVACY's opinion, there has been a violation of any provision of the Terms.
- The Creator, or whoever uses the PRIVACY platform, is subject to paying an account validation fee described in the glossary, to update their registration data, as well as validate their Subscribers' data, with the platform's technology handling such updates and/or upon the Creator's request, all ensuring the security/up-to-dateness of the information involved.
- The tax validation amount may vary from R$0.25 to R$2.00 per transaction made by the Creator with their Subscriber, not exceeding this amount as set in this topic.
- The first withdrawal from a newly created account on the platform, related to amounts transacted by PIX and/or credit card, will be subject to prior validation and analysis by PRIVACY, as per item 5.17 of these Terms.
4. Subscriptions and Purchases
- To view User Content or use Interaction on Privacy, the User must first add a payment card to their account and click the 'Subscribe' button on the chosen Creator's profile. Your payment card details will be passed to a Payment Provider, who will receive the card payment in the PRIVACY account.
- By subscribing to the profile(s) of the chosen Creator(s) and by accepting and agreeing to these Terms of Use, the Subscriber is aware and agrees that the subscription will be automatically renewed for the same period initially subscribed to.
2.1. The Subscriber may cancel monthly payments at any time by disabling the “Automatic Renewal” option located on the chosen Creator's User Content profile or by contacting PRIVACY at “support@privacy.com.br”.
2.2. The Subscriber agrees and authorizes, by accepting these Terms of Use, that the automatic renewal will be made based on the current value of the subscribed profile, regardless of whether it is higher or lower than the initially subscribed amount.
- The subscription contracted by the Subscriber does not guarantee unrestricted access to all content provided by the Creator. Access to certain content and/or features may be offered exclusively through separate purchase, not included in the regular subscription price.
- Privacy will not reimburse the Subscriber in case of subscription cancellation, considering the provisions in item 5 of these Terms. Thus, if the Subscriber cancels their monthly subscription, they will continue to be authorized to view the Creator's content until the end of the remaining period, after which any additional payment will be charged to their payment card, and thereafter the Creator's content will be unavailable.
- Subscription prices will be set by the Creator, always in the local currency (Brazilian Reais), respecting the minimum and maximum limits to be charged as set in clause 4.1. The amount paid by the Subscriber will vary according to the exchange rate of the currency in which the payment is made. Any exchange fees will be passed on to the Subscriber.
5.1. The Creator expressly agrees, by accepting these Terms, that the subscription price for their content will be set as they see fit but must respect the minimum and maximum values described here of R$19.90 to R$200.00.
- In the “Privacy Challenge” modality, the only accepted payment method is via PIX, and the user declares to be aware of and agree with the following conditions:
6.1. Privacy is not responsible for deadlines, goals, or any acts resulting from the use of the modality established by the Creator; such responsibility lies solely with the Creator;
6.2. The total minimum goal may range from R$50.00 (fifty reais) to R$2,000.00 (two thousand reais). The Creator has the autonomy to determine the division of the goal, deadline, and participation conditions before publishing the challenge. Once published, the values and conditions cannot be changed;
6.3. Goals may or may not be reached, and in both cases, the user acknowledges and agrees that no refund or chargeback will be due for the amount paid.
- The Right of Withdrawal provided for in Article 49 of the Consumer Defense Code does not apply to purchases made on Privacy, since the Content is an information product of immediate consumption, excluding the possibility of withdrawal. Therefore, the Subscriber cannot cancel the transaction after payment confirmation.
- The non-application of the Right of Withdrawal does not affect any right of the Subscriber to be refunded by the Creator in case of non-fulfillment of obligations by the Creator, under the terms of the Consumer Defense Code.
- Without prejudice to the previous item (6), Privacy aims to remain within legal guidelines with its consumers. However, the effectiveness of the refund requested by the Subscriber must demonstrate the Creator's failure to comply with obligations as provided in the previous item. Thus, the Subscriber agrees not to request refunds improperly or in bad faith, and if such improper or bad faith refund requests are detected, Privacy is free not to process them and may suspend or delete the Subscriber's account.
- Self-fraud will be considered any act by the Creator who purchases their own content through their main or secondary profile in the SUBSCRIPTION, GIFT, and CHAT modalities, aiming to manipulate the RELEVANT PROFILE SESSION algorithm and/or SEARCH, artificially influencing platform users, subject to suspension from 3 (three) days and/or banning of the infringing profile, with increased measures in cases of repeated offenses.
10. Without prejudice to the previous item (7), the Subscriber has the right to request a refund in cases where they have been a victim of fraud, i.e., making payment to another party who induced or maintained the Subscriber in error by fraudulent means. To request a refund, the Subscriber must contact via email: support@privacy.com.br or customer service via chat https://www.privacy.com.br/faq. The request will be analyzed by Privacy's risk team to verify the alleged fraud and, if confirmed, the respective refund will be made. However, refunds will not be made in cases of requests motivated by dissatisfaction with the purchased content.
11. This policy applies to all disputes and/or disagreements that may arise between users and Privacy in connection with the use of services provided by the Privacy platform. You must notify Privacy about a dispute through the official email addresses indicated on the platform, detailing the nature of the dispute, relevant transaction details, and any supporting evidence. Disputes must be raised within 24 hours from the occurrence of the transaction in question or any other matter. Upon receiving a dispute notification, we will acknowledge receipt within 5 business days. The dedicated team will analyze the dispute, which may involve collecting additional information from you or relevant third parties. The Privacy team aims to resolve disputes within 30 business days from acknowledgment of the dispute.
5. Commission Payments
- Privacy intermediates the collection of revenue by the Creator, based on amounts paid by the Subscriber. After PRIVACY validates the transaction through its platform regarding the Creator's collection of payment made by the Subscriber, it will have no further responsibility with the Creator, who agrees that the Subscriber views the Creator's Content or uses the Interaction.
- Privacy will ensure that Payment Providers transfer revenue to Creators, after deducting the commission and fees charged by PRIVACY, as well as payments due to Payment Providers.
- The Commission will represent 20% of the revenue generated by Creators who receive payments for providing content to Subscribers or using Interaction.
- Just like the subscription amount set by the Creator, all Commissions and fees will be paid in Brazilian Real, regardless of the currency used by the Subscriber to make the payment.
- Revenue may be withdrawn by the Creator as soon as the amount is available in their account; however, if it is the first withdrawal, item 3.16 of these Terms will apply. Availability time may vary depending on the payment method chosen for the Revenue:
- Card: The Commission will be available for withdrawal 15 calendar days after the approval of the Revenue payment. Sales processed nationally will be transferred via PIX or TED; international purchases processed require up to 2 (two) business days for transfer completion;
- Boleto: The Commission will be available within 2 business days of boleto settlement;
- PIX: The Commission will be available in the Creator's wallet as “PIX Balance to Release” and will be available for withdrawal once the Creator has at least R$30.00 (thirty reais).
- Withdrawals will only be made via transfer to a bank account in the same name as the Creator. That is, the Revenue will be exclusive to a bank account linked to the same CPF or CNPJ linked to the User account. If the Creator opts to receive Revenue in a legal entity bank account, they must register their User Account as a legal entity, as per clause 3.2.
- If the Creator opts to create their account through an Agency/Agent, as per clause 3.3, the Revenue will be exclusively provided to a bank account linked to the CNPJ/CPF of the Agency/Agent. Any payments to the Agented Creator will be the full responsibility of the Agency/Agent, under the agreement between the Agented Creator and the Agency.
- Withdrawals of amounts paid by card or boleto will be transferred to the Creator's bank account via TED. In this modality, the amount may take up to 2 business days to be available in the bank account. Withdrawals of amounts paid by PIX can be made via PIX.
- The Creator is entitled to 1 (ONE) free withdrawal per day. For additional withdrawals, a fee of R$3.50 (three reais and fifty cents) will be charged, deducted from the amount to be transferred.
- To make a withdrawal of their Revenue from their Account on Privacy, the Creator must have a minimum amount of R$30.00 (thirty reais) deposited in this account. This amount can be checked on the “My Bank” page and will vary according to your country of residence and withdrawal method.
- Except for the option to pay by bank transfer, we will not provide any data provided by any user when registering their payment options with a third-party Payment Provider.
- All payments to view User Content or use Interaction are final and non-refundable, as provided in clause 4.5.
- If PRIVACY becomes aware that a Subscriber requested and received a Refund or Chargeback, appropriate extrajudicial or legal measures will be taken.
- Any purchase of the right to view User Content or use an Interaction that is subsequently subject to Refund or Chargeback may result in immediate and permanent deletion of the User's Privacy Account.
- If the Subscriber succeeds in making a Refund or Chargeback, which may occur regardless of PRIVACY's consent, the Creator authorizes PRIVACY to deduct from the Creator's Revenue the amount previously received by them for the transaction.
- The Creator may be alerted about Subscribers' Refunds or Chargebacks.
- The first withdrawal from the Creator's account, related to amounts transacted by PIX and/or credit card, will undergo analysis and validation by PRIVACY to verify the nature of the revenue earned and its legality as provided in these Terms and applicable law. If necessary, this analysis and validation will be carried out by PRIVACY, and the result will be communicated to the Creator within 24 hours, Monday to Friday.
- Creator's due but unpaid Revenues may be fully or partially withheld if:
-
- There are reservations that the Creator is repeatedly violating our Terms of Service;
- The Creator attempts or threatens to violate our Terms of Service, posing a risk of harm to us or another user;
- There may be suspicions that the revenue results from illegal activity, either by the Creator or the Subscriber. In this case, withholding will last as long as necessary to investigate the facts;
-
19. During the investigation, if we conclude that (i) the Creator repeatedly violated the Terms of Use; (ii) the Creator attempted or threatened to violate our Terms of Service, posing a risk of harm to us or other Users; and/or (iii) revenues result from illicit activity, we will notify the Creator about the confiscation of their revenue.
20. We are not responsible for the withholding or confiscation of the Creator's Revenue, provided it is in accordance with these Terms of Use.
21. If, after the investigation, we conclude that the Creator's Revenue should be confiscated, we will strive to return the amounts to Subscribers whose payments were subject to confiscation.
22. If we withhold the Revenue owed to the Creator, in whole or in part, and find that part of the withheld Revenue is unrelated to violations of the Terms of Service or illegal activity, we will pay the amounts unrelated to the violation or illegal activity.
23. However, the Creator agrees that if we consider that the violation of the Terms of Service involves or may have caused damage, we will withhold all due but unpaid Creator Revenue and offset these amounts against damages suffered by us.
6. Tax and Fiscal Compliance
- We recommend that all Creators seek professional advice to ensure compliance with local tax and fiscal regulations;
- By using Privacy as a Creator, the User guarantees that they declare and will declare all income obtained through the platform, for tax purposes, under the law.
- By using Privacy as a Creator, the User guarantees they will always comply with applicable tax laws and regulations.
- The Creator is solely responsible for fulfilling their tax obligations.
- Privacy is not responsible for the Creator's failure to fulfill tax obligations.
- Main income and receipt reports must be requested by Creators from Payment Providers and their respective Financial Institutions, as the Privacy platform is only an intermediary and does not make payments.
- The IRPF and Creator's Income Tax are entirely their responsibility; the Privacy platform has no obligation to send income reports or any other documents to the Creator, as accounting and declaration of income to the tax authorities are the Creator's sole responsibility.
- We reserve the right to terminate your Privacy account if notified or made aware of any tax non-compliance by the Creator.
7. Relationship between Subscriber and Creator
- The Relationship between Subscriber and Creator arises when a User shows interest in the Creator's content and decides to become their Subscriber.
- Each time a relationship between Subscriber and Creator is initiated on Privacy, these terms override any terms that may be proposed by either the Creator or Subscriber, and these Terms legally bind them.
- The only parties in this Relationship are the Subscriber and the Creator involved in the relationship.
- Privacy is not part of the Relationship and grants no rights regarding, nor participates in, any Relationship between Subscribers and Creators, except to act as a social media platform and payment intermediary.
- By entering into a Relationship, the Subscriber agrees to pay the applicable Revenue according to the price set by the Creator.
- The Subscriber and Creator involved in the Relationship authorize Privacy to act as a payment and collection intermediary, to retain and process payment of Revenue, deduct the Validation Fee and other charges, and pay the Commission due to the Privacy platform, as described in these Terms.
- Once the Subscriber has paid the Revenue, the Creator grants the Subscriber a license to access their content. This license is non-transferable, non-sublicensable, and non-exclusive.
- The Creator may create Content whose license is not covered by the Subscription. If the Subscriber wishes to access such content, they must pay the amount stipulated by the Creator.
- The contents indicated in the previous item will be viewable for 60 (sixty) days from the Subscription date.
9.1 By uploading a “single post,” the Creator agrees to keep the publication on the platform for at least 60 days or until the Subscriber's viewing period described in the previous topic expires.
- The Subscriber participating in the Relationship releases and agrees that the Content license does not result in the Subscriber acquiring any rights over or to the Content, rights retained by the Content Creator.
- The license granted to a Subscriber will automatically expire without prior notice in the following situations:
- If the Revenue payment is unsuccessful or for any reason;
- At the end of the subscription period, unless set to auto-renew as described in clause 2.1 of Privacy Terms and Conditions;
- If the Subscriber's Account is suspended or terminated for any reason;
- If the Subscriber violates the Privacy Usage Policy (regarding Content or overall);
- If the Creator requests the cancellation of the Subscription for a Subscriber who engages in conduct incompatible with the Usage Policy, such as insults, harassment, and threats. In this case, the Revenue paid by the Subscriber will be charged back;
- If the Content is removed by the Creator from their account;
- If the Subscriber closes their user account on Privacy.
- The Subscriber and Creator involved in the Relationship agree to comply at all times with the Privacy Usage Policy regarding Content.
- The Subscriber participating in the Relationship agrees to make the necessary payment to access, view, or interact with the Content and agrees not to request chargebacks except in good faith in case of the Creator's non-fulfillment of obligations.
- Users agree that Creator Content will be made available to the Subscriber:
-
- After confirmation of Revenue payment when made by card or PIX;
- After boleto bank slip settlement.
-
- The Creator guarantees, under penalty of law, that they have all necessary rights over and to the Content, and to license it to the Subscriber without restriction on the Subscriber's access. They also guarantee that they obtained all necessary permissions and consents to grant the license.
- The Creator is solely responsible for creating and submitting Content and does not guarantee continuous creation and uploading of Content. However, there is a partial refund of Revenue paid by the Subscriber if they chose Quarterly or Semiannual plans and the Creator stops creating and uploading Content.
- Unless due to casual negligence or other breach by the Creator, the Subscriber's access to the Creator's Content is at the Subscriber's own risk.
- The Subscriber participating in the relationship allows Creators to add and remove Content from their account at any time and to decide what type of Content to provide on their account, provided it is specific to the indicated segment.
- The Subscriber participating in the relationship acknowledges that there may be instances when it is not possible to access the Content provided in the relationship, including:
-
- Creator's account suspension or archiving;
- Subscriber's account suspension or archiving;
- Partial or total suspension or inaccessibility of the Privacy platform; or
- If the Creator cannot create or upload Content in the future.
-
20. While Privacy seeks to ensure interaction security, it is not responsible for any actions arising from private communications between Creator and Subscriber.
21. Creator and Subscriber must maintain respect and civility when interacting via private chat functions. Sharing illegal, abusive content, or content infringing third-party rights is strictly prohibited.
22. Content Creators may use private chat to offer or receive additional media packages upon payment made by the Subscriber to the Creator. All transactions must be conducted according to platform rules, with transparency and honesty.
22.1 Content Creators must allow Subscribers to send media via chat, upon payment, with the amount set by the Content Creator, with a maximum allowed value of R$2,000.00 (two thousand reais) per media package sent;
22.2 Each media package sent by the Subscriber to the Content Creator may contain more than one image or video, as defined by the Content Creator;
23. Creator and Subscriber are solely responsible for content sent or received through private chat, committing not to share materials that may be considered offensive or illegal.
24. Privacy reserves the right to review private conversations to ensure compliance with terms of use.
8. Account Deactivation
1. If you wish to deactivate your association with Privacy, this must be done in the “SETTINGS/SECURITY” section.
2. For Platform Users, any profile deactivation request, regardless of reason, will be processed within a maximum of 10 (ten) business days, starting from the request date to the competent channel. Any subscriptions will be restored and cannot be renewed thereafter.
3. If the User is a Creator, they may only deactivate the account when the last subscription expires, withdraw any balance from their digital wallet within Privacy, and there is no negative balance on the platform.
4. If the User is both Creator and Subscriber, the account will be deactivated in two stages (Subscriber first, then Creator).
5. The User will receive a confirmation email after successful account deletion.
9. Intellectual Property Rights
- Except for User Content, which is the exclusive property and responsibility of the Creator, the platform and all its content, features, and functionalities (including but not limited to all information, software, text, screens, images, video, audio, design, selection, and organization thereof) are owned by PRIVACY, its licensors, or other suppliers of such materials and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Users are prohibited from distributing, modifying, creating derivative works, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any platform material, except for files automatically cached by their web browser for display enhancement; and
- If the User prints, copies, modifies, downloads, or uses or provides access to any part of the platform in violation of the Terms, their right to use the platform will immediately terminate, and the User must return or destroy any copies of the materials created.
- Except for User Content, no rights, title, or interest in the platform or any content are transferred to any User or Creator, and all rights not granted are expressly reserved to PRIVACY.
- Any use of the platform not expressly permitted by these Terms is a violation of these Terms and may violate copyright, trademark, and other laws, subject to legal sanctions under Brazilian law.
- The name “Privacy,” logo, colors, all product and service names, designs, and slogans are trademarks of PRIVACY or affiliates or licensors of PRIVACY. Users must not use these marks without prior written authorization from PRIVACY. All other names, logos, product and service names, designs, and slogans on the platform are trademarks of their respective owners.
- By registering on the platform, the Content Creator grants Privacy broad powers to protect their interests, individually or collectively, judicially or extrajudicially, and to take appropriate measures relating to the content provided and data protection.
10. License
- Subject to all terms, conditions, limitations, and restrictions contained in these Terms, we grant users a conditional, irrevocable, non-transferable, non-sublicensable, non-exclusive, and limited license to use the platform for their own legitimate interest and personal use only.
- The User authorizes and agrees that the previous license may be revoked or terminated by PRIVACY at any time and for any reason (including but not limited to violation of these terms or any applicable law).
- Any use of Privacy not expressly permitted by these terms is restricted. All rights not expressly granted here are reserved by PRIVACY.
- Privacy does not guarantee that Privacy is compatible with all devices and operating systems. It is the User's sole responsibility to determine whether Privacy is compatible with their device.
11. Acceptable Use
- Privacy requires all Users to respect and comply with these Terms at all times when using the platform provided by Privacy.
- Users are prohibited from:
- Using the platform provided by Privacy other than for their legal and personal use, in accordance with these Terms;
- Impersonating PRIVACY, a PRIVACY employee, another User, or any other person or entity, or falsely stating, implying, or otherwise disturbing any affiliation, endorsement, sponsorship between Subscriber/Creator and PRIVACY and/or any other person or entity;
- Falsifying account registration information or unauthorized use of third-party information or Content;
- Using Privacy in any way or for any purpose that is illegal or dishonest, including engaging in any activity that violates any rights of any person or entity, with the infringing User solely responsible for the violation, subject to Brazilian law;
- Copying, reproducing, distributing, modifying, or creating derivative works of any part of Privacy without express written permission from PRIVACY;
- Using Privacy to exploit, harm, or attempt to exploit or harm minors in any way, exposing them to inappropriate content, soliciting personal identification information, or otherwise;
- Any conduct that restricts or inhibits the use or usability/experience of any person using the platform or that, as determined by PRIVACY, may harm PRIVACY or Users in using the platform or expose them to any type of improper disclosure, degrading the user experience, inducing consumption of other products outside the platform, or promoting any other platform, whether niche or not, betting sites, raffles, or any products not distributed by PRIVACY;
- The use of extensions, plugins, among others, that perform, allow, and/or aim to copy, reproduce, and/or export posts and materials produced by any Content Creator, under penalty of appropriate legal measures;
- Replicating, making available, saving for sharing purposes, sharing, reproducing posts of any Content Creator, under penalty of appropriate legal measures.
- Sending spam to other users, whether Creator or Subscriber.
- Users must not create, upload, post, display, publish, or distribute User Content that:
-
- Is illegal, fraudulent, defamatory, hateful, discriminatory, threatening, or harassing, advocates pedophilia, or in any way incites violence or any of the above prohibitions;
- Violates copyrights, trademarks, privacy rights, publicity rights, or other personal or property rights of another person (e.g., using another person's name, image, likeness, or other identity without appropriate consent);
- Promotes escort services or incites or promotes prostitution in any way;
- Promotes or advertises weapons, drugs, or drug paraphernalia;
- Promotes any illegal activity under applicable law, or promotes, assists, or omits any illegal act;
- Causes annoyance, inconvenience, occasional anxiety, disturbance, defamation, injury, slander, alarm, or irritation to any other person;
- Involves any commercial activities or third-party sales, such as contests, sweepstakes, and other sales promotions, exchanges, or advertising;
- Gives the impression that it emanates from or is endorsed by PRIVACY or any other person or entity if that is not the case.
- Contains blood, advocacy of Nazism, racism, dissemination of hate, incest or narratives alluding to incest, necrophilia, zoophilia, urine, scatological material or related to excrement; violence, rape, any reference or context of lack of consent, sexual assault, torture, sadomasochistic abuse, humiliation, domination, mutilation, or intoxication.
-
3.1. Users are prohibited from using explicit images in their profile or cover photo. If this occurs, PRIVACY reserves the right to suspend the creator's page until the available settings are offered.
- Users may not remove, delete, modify, or alter any copyright, trademark, or other proprietary rights notices contained in any User Content.
- Users may not use the platform in a way that may disable, overload, damage, impair, or interfere with the platform's use by any other party, including the ability to engage in real-time activities through the platform.
- Users may not decompile, disassemble, reverse engineer, or attempt to discover or derive the source code of Privacy.
- Users may not interfere in any way with the operation of Privacy or any server, network, or system associated with Privacy, including but not limited to: hacking attacks, bombarding, flooding, overloads, or denial of service attacks; probing, scanning, or testing vulnerabilities of the platform or any associated server, network, system; breaching or circumventing firewall, encryption, security, or authentication routines; accessing information not intended for any user or accessing another user's account without express authorization.
- Users must not use Privacy for unauthorized purposes, including but not limited to creating a competitive product or service, performance, or functionality, or for other competitive purposes;
- Users are prohibited from using automated programs, tools, or processes (including but not limited to web crawlers, bots, and automated scripts) to access Privacy or any network or system associated with Privacy, or to extract, collect, harvest, or gather Content or information from Privacy.
- Users are prohibited from using Privacy in ways that violate these Terms or any applicable law.
- Any posted Content reported by another user or Privacy and deemed unacceptable by PRIVACY will be deleted and the User notified by email.
- Users who repeatedly violate PRIVACY's acceptable use policy may be deactivated.
- If PRIVACY detects that a user is underage, PRIVACY will immediately delete the User's contact and remove all information and Content of that User from Privacy.
- If you are a parent or legal guardian and learn that your minor child, ward, or conservatee has registered on Privacy, notify PRIVACY immediately at “support@privacy.com.br.”
- By registering an account on Privacy, the user declares and guarantees that:
- They are at least 18 years old;
- They will fully comply with these Terms;
- They will take full responsibility for using Privacy on any device, whether owned by them or not;
- They will take full responsibility for any User Content created or provided; and
- Their use of Privacy will not violate these Terms or any applicable law.
- When using Privacy on behalf of a company or other entity, the User guarantees they are authorized to grant all licenses stipulated or resulting from these Terms and to bind the company or entity to these Terms.
- Photographers may remain on the platform as Creators and publish User Content, provided it is duly signed and submitted with an Image Release Authorization Term, front and back of RG, and a secure selfie photo holding the document next to the face of all persons appearing in the posts before upload and availability on the Platform. Documents must be sent to the email: moderacao@privacy.com.br.
- Creators must maintain consistency between published content and what is offered and may be held accountable in cases of disagreement. Similarly, PRIVACY reserves the right to temporarily suspend the Creator's account until such discrepancies are resolved.
- Best Practices for Platform Use: By using the platform, the User/Subscriber commits to maintaining civility and treating Creators courteously, refraining from sharing Creator's posts with third parties. If such conduct is verified, the Content Creator may request PRIVACY to remove the Subscriber from their subscriber list, and this will not entitle the Subscriber to a refund of subscription fees.
12. Live Broadcast Policies and Services on Privacy Live
12.1 Eligibility for Creators
1.1.1 Only Creators with verified profiles may conduct live broadcasts.
1.1.2 Creators with free profiles may conduct live broadcasts only if they already have another verified profile.
1.1.3 The Creator must maintain their account in good standing and meet eligibility criteria established in the Terms and Conditions of Use and other Privacy Policies. Before starting the live, the Creator must observe and agree to the following rules:
a) Agree and accept the General Terms and Conditions of Use;
b) Not conduct or promote giveaways or raffles;
c) Not perform any explicit sexual acts;
d) Not conduct or promote various advertisements and announcements.
12.2 Subscriber Access
2.2.1 Subscriber entry to Lives will be conditioned on payment of the amount set by the Creator, only after the Live starts.
12.3 Services and Features
12.3.1 Live Broadcast
3.1.1 Each Creator may conduct only one live per day, with a maximum duration of 1 (one) hour. If a live starts and lasts less than 1 (one) hour, the Creator may not conduct a second broadcast on the same day, even if the maximum time limit has not been reached.
3.1.2 Advance promotion of the live will be allowed after scheduling it on the platform, allowing users to be informed about the event.
3.1.3 The live may be canceled before it starts without any detriment to users, as there will be no payment before the broadcast begins.
12.3.2 Security and Moderation
3.2.1 The live will have a reporting channel through which the Subscriber can notify Privacy about broadcasts containing prohibited content, such as explicit sex, advocacy of pedophilia or rape; zoophilia or animals visible in the video, various advertisements, giveaways or raffles, blood or scatological material, sharing or requests for users' personal information, and unauthorized explicit use of trademarks for sexual purposes.
3.2.2 Creators and Subscribers agree that Privacy may interrupt the live broadcast in cases of conduct violating the Acceptable Use of the platform's Terms and Conditions of Use, without any prejudice.
12.4 Penalty Policies
4.1.1 The Creator commits that in case of non-compliance with these guidelines, as well as the Terms and Conditions of Use and other applicable policies, they will be subject to the following penalties:
a) Light Penalty: 7 (seven) days without access to the live feature.
b) Medium Penalty: 14 (fourteen) days without access to the live feature.
c) Severe Penalty: Permanent ban from the live feature.
4.1.2 The application of sanctions described here will be decided by the Social Network without prejudice to other sanctions provided in the Terms and Conditions of Use. In case of illicit behavior, the Creator will be fully banned from the platform, with blocking linked to their documentation to prevent new registrations. When necessary, Privacy will document all relevant information and forward it to competent authorities, always respecting applicable legal provisions.
12.5 Withdrawal
5.1.1 Amounts from the Live will be available for withdrawal by the Creator within 72 (seventy-two) hours or up to 3 (three) business days after the broadcast ends, provided the content is approved by Privacy moderation.
12.6 Rules for Subscribers
6.1.1 By using Live, the Subscriber agrees to the following conditions:
a) The only payment method will be via PIX;
b) There will be no refund or chargeback, except as provided in the General Terms and Conditions of Use;
c) Only Lives of followed Creators will be accessible, displayed in chronological order of start. Insults, hate speech, harassment, or any discriminatory behavior is strictly prohibited;
d) Disclosure of personal data such as addresses, phone numbers, emails, or social networks, among other personal data, whether their own or others', is not allowed;
e) Unauthorized sharing of links, live content, screenshots, or recordings is strictly prohibited;
f) The Subscriber must use the platform appropriately, observing best practices, Terms and Conditions of Use, and applicable laws;
g) Non-compliance with Policies and guidelines will result in penalties provided in Privacy's Terms and Conditions of Use.
12.7 Limitations of Liability
7.1.1 Live is a live streaming service. The Creator agrees that the Content will consist of live content. The Creator will obtain and maintain, at all times, and be fully responsible if they do not obtain and maintain, all rights, consents, approvals, permissions, and licenses necessary related to the use, reproduction, transmission, streaming, distribution, performance, and display (public or otherwise), committing to immediately remove any content from their Privacy if it violates the Terms and Conditions of Use.
7.1.2 The Creator is solely responsible for their Content and the consequences of its disclosure or publication. The Creator represents and warrants that: (1) they are the Creator or hold or control all rights to the Content or otherwise have sufficient rights and authority to grant the rights herein; (2) their Content: (a) does not and will not infringe, violate, or misappropriate any third-party rights, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, or any other intellectual property or property rights, or (b) does not and will not defame any person; and (3) their Creator Content contains no viruses, adware, spyware, worms, or other harmful or malicious code. Privacy reserves all rights and remedies against any users who violate these representations and warranties.
7.1.3 The Creator agrees and declares that they will not use any copyrighted music.
7.1.4 The Creator is not allowed to reproduce any content during the Live.
13. User Content
- By creating and publishing User Content on Privacy, the Creator authorizes their Subscribers to access and view (without downloading or copying) the User Content on Privacy for their legal and personal use.
- The Creator guarantees, confirms, and assumes that for each submission:
- They have a valid license for, or otherwise control all rights to and for the posted content;
- When including or using any third-party property, they have all necessary rights, licenses, consents, and written releases for the use of third-party property in the User Content;
- It is prohibited for the Creator to publish content depicting a person under 18 years old;
- There was prior inspection and access to sufficient written documentation to confirm that all subjects in their submission are 18 years or older;
- User Content is not confidential and will be made available to their Subscribers on the Privacy Platform through their portal “privacy.com.br”;
- Content is guaranteed quality, considering any description of the Content, price, and all other relevant situations, including any statement or representation the Creator makes about the nature of the Content on their account or any advertisement;
- Content is suitable for the purpose the Subscriber had when showing interest in consuming this Content.
- If the Creator submits Content to their account showing any other person besides themselves (even if that person cannot be identified from the Content), this Content is considered Co-authored Content, and the Creator guarantees that each individual shown in the Content submitted to their account:
- Has duly completed and signed the Privacy “Image and Voice Use Authorization Term.”
-
- If the Privacy “Image and Voice Use Authorization Term” is not properly completed, signed, and submitted to Privacy, other documents will not be accepted as substitutes. The Creator also agrees that in the absence of this document, Privacy may remove the content, as this provision has not been met.
- Has given express, prior, and fully informed consent for their participation in the Co-authored Content, with the Creator responsible for proof through the properly submitted Image Release Authorization Term, which may be requested at any time by Privacy.
- Has consented to the publication of the Co-authored Content on Privacy;
- In any Co-authored Content, the Creator whose content is made available is solely responsible for obtaining any necessary licenses or consents from any other co-authors sufficient to allow such Content to be uploaded and made available on Privacy.
- The Creator agrees that payment of Third-Party Commission – Co-authorship will be made only to the account where the Co-authored Content was posted. This Creator is solely responsible for splitting and distributing the profit generated by that post among the Content co-authors. Any agreement about profit sharing must be a specific decision among those involved, and we are not responsible for its fulfillment. The Creator understands and agrees that they have no right to profit from any Content in which they are a part but posted by another Creator.
- If the Creator submits co-authored content, we may request that they provide complete legal documents about all those appearing in the Content within up to 3 (three) calendar days. If a request is not met, the co-authored Content may be deleted, posting rights and permissions as a Creator may be restricted, the account may be at risk of termination, and we may withhold all or any part of the revenue obtained from that Content not yet paid to the Creator.
- The Co-author Creator agrees not to make any claims to us about the co-authored Content, which should be made against the Creator who posted the Content in which the Co-author appears.
- Any User grants PRIVACY and its licensees, successors the right to use, reproduce, modify, perform, display, distribute, and disclose to third parties the material made available on its platform. For clarification: there is a clause allowing the use of content by adding stickers, text, and watermarks and making the Content available to Users, as well as for other normal operations of the “Privacy” platform. Under no circumstances will the Content be commercialized for other platforms.
- The User is regularly responsible for any Content they submit or contribute and is fully responsible for such Content, including its legality, reliability, accuracy, and suitability.
- The User shall indemnify PRIVACY, its licensees, successors, and assigns against all liabilities, costs, expenses, damages, and losses (including direct, indirect, or consequential losses, loss of profit, loss of earnings, all interests, fines, and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred arising out of or related to the User Content.
- Privacy is not responsible for third parties for the Content or the accuracy of any User Content published by any User on the platform.
- By registering on “privacy.com.br,” the User agrees to be the custodian of records of the Content they submit to “privacy.com.br.”
- If the Creator User uses AI (Artificial Intelligence) in their content, they must
1. Include in their profile description a clear and specific statement that they use AI in generating their content;
2. Clearly and precisely inform Subscriber Users that their content is AI-generated.
- The Creator User who uses AI in generating their content agrees and guarantees that:
1. They will not use AI to generate altered and realistic content of public persons or identifiable third parties;
2. They will not use AI for any purposes prohibited in these Terms, as supplemental;
- Any questions about User Content can be sent by email to “support@privacy.com.br.”
14. Copyright Law
- Privacy respects third-party intellectual property rights and voluntarily complies with the Copyright Law (LDA). Violation of the LDA will result in deletion of the published Content.
- Users who repeatedly violate the LDA will be subject to account deletion on Privacy.
15. Link to Platform and Social Media Features
- Any user may create a link to the Privacy homepage, provided it is fair, legal, and does not harm or exploit PRIVACY's approval, but must not establish a link suggesting any form of association, approval, or endorsement of PRIVACY.
- The platform may provide certain social media features that allow:
- Linking own or third-party websites to specific platform content;
- Sending emails or other communications with specific content or links to specific content on the platform;
- Allow parts of this platform's content to be displayed or appear on your own platform or some third-party sites.
- Users may use these features only as provided by PRIVACY, only concerning the Content with which they are displayed on this platform. However, Users are prohibited from:
-
- Establishing a link from any site not owned by them;
- Making the platform or parts of it appear or seem to be displayed by any other site, e.g., framing, deep linking, or online links;
- Linking to any part of the platform other than the homepage;
- Sharing or requesting any personal contact or personal information, whether of Creator Users or Subscribers;
- Or otherwise taking any action regarding materials on this platform inconsistent with any other provision of these Terms.
-
- Users agree to cooperate with PRIVACY to immediately stop any unauthorized framing or linking. PRIVACY reserves the right to revoke linking permission without notice.
- PRIVACY may disable all or any social media features and links at any time without prior notice, at PRIVACY's discretion.
16. Platform Links
- If the platform contains links to other websites and resources provided by third parties, these links are provided only for your convenience. This includes links contained in ads, including but not limited to banner ads and sponsored links.
- Privacy has no control over the content of these sites or resources and is not responsible for them or any loss or damage that may result from their use.
- If you decide to access any of the third-party sites linked to the digital platform, you do so at your own risk and are subject to the terms and conditions of use of such sites.
17. Referral Program and Incentive Payment
- Privacy offers a referral program that encourages Users to introduce Privacy to people interested in becoming Users. This clause establishes when PRIVACY will make an Incentive Payment.
- Privacy reserves the right to change how Incentive Payments are made, but no change will deprive Users of Incentive Payments already received before the changes take effect:
-
- Users with a validated user account on Privacy can participate after being selected by the PRIVACY team;
- Each User account has a unique referral URL that allows Users to receive Incentive Payments;
- The referred User must use the User's referral URL and then register on Privacy using the same browser used to click the referral link;
- The referred User must be someone who has never had or discontinued a User Account. If the referred user has been or is an existing User, PRIVACY will not make the Incentive Payment to the referring User;
- PRIVACY will not make Incentive Payments if the referred User does not register on Privacy using the correct referral link;
- If the referred User sets up more than one new User Account, the obligation to make the Incentive Payment will only apply to commissions received on the first referred User Account. The referred User will only be considered a new User regarding the first referred User Account.
- Users may not use confusing business practices to represent Privacy with the intention of referring other Users to receive Incentive Payments in a “pyramid scheme” (also known as “financial pyramid”).
-
- If it is found that Incentive Payments were made incorrectly, PRIVACY reserves the right to recover these amounts from the referring User.
- To ensure the referral program is not abused, PRIVACY reserves the right to verify the credentials and identity of referred Users and Users claiming to have referred them.
- Incentive Payments will be processed on the first business day of each month and paid according to the Payment Provider's terms.
- Referral Payment is deducted from the amount PRIVACY would retain from the transaction and not from the amount earned by the referred User.
- Incentive Payment is valid for 6 months after the referred User joins Privacy. More information about how the referral program works can be found at: “https://privacy.com.br/indicacoes”
18. Disclaimer of Warranties; Limitations of Liability
- All services and features provided to Subscribers are without any warranties, express or implied. To the fullest extent permitted by law, PRIVACY disclaims all warranties, express or implied, regarding Privacy and all its services and features, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
- Privacy does not warrant the accuracy, reliability, completeness, or results of using Privacy.
- Privacy is not responsible for any reliance placed on such materials by the User, any other platform visitor, or anyone informed of any content.
- Privacy also does not warrant that Privacy and all its services and features:
-
- Will be available at any specific time or location;
- Will be secure, uninterrupted, and error-free; that any defects or errors will be corrected; or
- Are free of viruses and other harmful components. Users are responsible for implementing sufficient procedures and checkpoints to meet their specific protection requirements and isolating input and output data and maintaining an external means to recover any lost data. To the fullest extent permitted by law, PRIVACY will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your equipment, programs, data, or other due to platform use or any services or items obtained through the platform or downloading any material posted on it or any linked site.
-
5. Use of Privacy and its services and features is at the User's sole risk. The above does not affect any warranties that cannot be excluded or limited by applicable law;
6. PRIVACY does not guarantee uninterrupted or error-free use 24/7, as PRIVACY may need to perform platform maintenance periodically. However, PRIVACY will focus efforts to perform maintenance outside business hours (between 09:00 and 18:00 Brasília time) and will strive to provide prior notice, though this may not always be possible.
7. Under no circumstances will PRIVACY be liable, whether in contract, tort, negligence, strict liability, or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive, or consequential damages (including but not limited to loss of use, profits, data or information, or loss of goodwill or business opportunity) arising out of or related to your use (or inability to use) Privacy or any of its services or features.
8. PRIVACY is not responsible if User Content is illegally distributed by another User; however, when such distribution occurs, contact PRIVACY at “juridico@privacy.com.br,” and PRIVACY will seek to prevent the continuation of such distribution to the extent possible.
9. Under no circumstances will PRIVACY be liable for any User consent arising out of or related to the use or inability to use Privacy or any of its services or features.
10. As some laws do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, any and all wrongdoing found arising from the Privacy platform will follow applicable Brazilian law.
11. Privacy is not responsible, civilly or criminally, for any Content made available by Users, and the following are prohibited:
-
- Publishing content containing persons under 18 (eighteen) years or advocating pedophilia;
- Referring to persons under 18 (eighteen) years, as well as using any means to make Content available to minors on the Privacy platform;
- Advertising escort services, promoting means to incite prostitution, or using any means to promote any kind of sexual exploitation or pimping via the Privacy platform;
- Using the platform as a means of “pyramid marketing,” earning profits through passing links to various users in a pyramid, generating revenue from subsequent accesses;
- Any manifestation of hate, including but not limited to racism, xenophobia, homophobia, religious intolerance, social class, physical, personal, and financial characteristics;
- Making statements intended to cause injury, defamation, or slander against users or third parties who are not users of the Privacy platform.
- Using the Privacy platform for diverse uses, such as advertising, marketing of any kind, e-commerce, among other activities that deviate from the platform's specific purpose.
12. Users who engage in any of the above illegal activities while using the platform will be subject to legal sanctions under Brazilian law, and Privacy disclaims liability for any such conduct.
13. If any User identifies any of the conduct mentioned above, they must immediately contact support at support@privacy.com.br, so competent authorities can be notified as soon as possible.
14. Privacy will also not be liable if:
-
- The services do not meet the User's expectations;
- There are any direct, indirect, incidental, special, consequential, or exemplary damages suffered by the User, caused under any liability theory. This includes but is not limited to any losses and damages, direct or indirect profits, or lost profits.
15. Nothing in these Terms will exclude or limit PRIVACY's rights to be compensated for losses or damages caused by actions or omissions of Users, including against third parties.
16. The User expressly understands and agrees that the use of services provided by Privacy is at their own risk, and that services are provided “as is” and “as available.”
19. User Indemnification
- By using Privacy, the User agrees to indemnify and hold harmless PRIVACY and its employees, agents, representatives, successors, and assigns from and against all claims, demands, actions, proceedings, judgments, liabilities, losses, costs, and expenses (including but not limited to attorneys' fees and legal and court costs) arising out of or related to any of the following:
- Your use of Privacy or any of its services or features;
- Any User Content created, published, or made available by the User on Privacy;
- Any negotiation or interaction between Privacy Users; and/or
- Violation of the Terms or any applicable law.
- Notwithstanding PRIVACY's role as an intermediary for the Creator to process Creator revenue collection, PRIVACY, the Subscriber, and the Creator are independent and individually responsible for fulfilling all their respective legal obligations. This includes payment of any taxes or other payments required by a regulatory authority. If a User fails to meet these obligations, the User shall indemnify PRIVACY for any loss or expense, including management time resulting from PRIVACY.
20. Governing Law and Dispute Resolution
- The User agreeing to these Terms and PRIVACY agree that these terms will be governed and interpreted according to Brazilian law and that any dispute between the User and PRIVACY regarding Privacy, arising out of or related to these Terms, will be resolved exclusively in Brazilian courts.
- Except where prohibited by applicable Brazilian law, any claim or action brought by users relating to Privacy or arising out of or related to these Terms must be filed within one year from the occurrence of the event giving rise to the claim or action.
21. Waiver and Severability
- No waiver of any term or condition required in these Terms will be considered a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of that right or provision.
- If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction for any reason, such provision will be severed or limited to the minimum extent necessary so the remaining provisions of the Terms remain in full force and effect.
22. General
- These Terms constitute the entire and exclusive agreement between all agreeing Users and PRIVACY.
- These Terms, regarding the platform, supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning the platform.
23. Sanctions and Procedures in Case of Violation
- By accepting these Terms of Use, the Creator agrees that in the event of their death, their profile will be and remain inactive.
- If the deceased Creator's profile has a balance available for withdrawal on the Privacy platform, the funds may only be withdrawn upon presentation of the following documentation:
-
- Inventory Process Number and their participation as a legitimate party and identification of the respective inventory administrator, appointed by the court, with a selfie holding their identity document proving they are the administrator;
- Marriage certificate or proof of stable union (in case of spouse or partner).
- If there is no proof of marriage or stable union, a direct relative of the deceased (e.g., mother, father, or siblings) must contact us, providing documentation proving the family relationship.
- If necessary, the judge responsible for the inventory process may issue a court order addressed to Privacy, requesting withdrawal of funds in the name of the person determined by the competent court.
-
- Please note that in cases of death of the Content Creator and profile holder on the Privacy platform, the profile cannot be transferred to a new owner and the account will remain suspended.
-
24. Sanctions and Procedures in Case of Violation
- In case of violation of the terms of use, Privacy reserves the right to apply sanctions ranging from warnings to suspension or permanent blocking, depending on the severity of the infraction.
- In the case of repeated violations of the platform's terms of use and policies, PRIVACY may suspend the CREATOR's profile for a minimum of 3 (three) business days and up to 15 (fifteen) business days, removing it from searches and withholding the creator's money if necessary.
- In extreme cases, PRIVACY reserves the right to delete/deactivate the profile(s) of any creator who violates its terms of use and policies, putting at risk the platform's and community's well-being and principles.
25. Contact
If you have any questions, comments, consents, or concerns about Privacy, please contact our support team at suporte@privacy.com.br