Welcome to Privacy!
Privacy is a platform that enables the monetization of online content. Thus, on 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 over 225,000 registered influencers and 25 million monthly users on its social network!
To make this experience even better, Privacy requires all Users, whether Influencers or Subscribers, to respect the following Terms of Use to promote a safe and protected network for everyone.
GLOSSARY
In these Terms, the following terms and expressions mean:
Subscriber: A User who follows an Influencer/Creator and views their content upon payment;
Agency/Agent: Talent agency focused on monetizing and commercializing exclusive content by managing the content of their agents;
Account Ban: When a User's account is deleted by Privacy due to violation of these Terms of Use, applicable law, or by order of a competent authority.
Block: When a User's account is temporarily blocked by Privacy due to non-compliance with these Terms of Use;
AI: Artificial intelligence;
Third-Party Commission: The Influencer/Creator is fully responsible for distributing the revenue from the content to third parties, including that arising from referrals made on the platform;
Commission: The amount charged by the platform for the use of its technology as an intermediary between the Influencer/Creator and the Subscriber, calculated as a percentage of the revenue earned by the Influencer/Creator, paid by Subscribers to access the Influencer/Creator User Content or use Interactions;
User Account: A section of the platform accessible only by Privacy or the User who owns it, containing, among other things, 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, i.e., publishes content on the platform to be viewed by other Users;
Chargeback: Refund of amounts to a User after a good-faith request when a credit card transaction 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: Digital wallets ApplePay and GooglePay that allow registering credit or debit cards and making transactions via NFC technology.
Payment Provider: Any third party approved by Privacy that enables and processes payments for a Subscriber to make payments and/or for a Creator to receive funds;
Interaction: Any functionality offered by an Influencer/Creator as part of the User Content, hosted by Privacy, that allows a Subscriber to interact directly with the Influencer/Creator instead of just viewing their Content;
IR: Income Tax;
IRPF: Individual Income Tax;
Laranjinha: A Privacy platform feature for sending informational messages to Users about activities and interactions.
Payment Options: Instructions 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, 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 thereto;
Referral Payment: Payments made by Privacy to Users who refer new Influencers/Creators, amounting to 5% (five percent) of all revenue of the referred Influencer/Creator, for a period of 6 (six) months;
Platform/Social Network: Defined as www.privacy.com.br;
Paid Post: A publication made on the Creator/Influencer profile that is not available solely through subscription, requiring a separate purchase for the User to access the post, which may be offered on free or paid profiles and accessible exclusively to Users with an active relationship with the respective profile;
Privacy: Social network and platform for intermediation and monetization of content that allows Users to provide and view Content, as well as use available interactions between Users.
Privacy Wallet: The prepaid digital wallet of Privacy that allows Users to deposit funds to use credits within the Privacy platform.
Creator Revenue: Amount earned by the Influencer/Creator from selling their content to Subscribers via the Privacy platform, for viewing Content or using Interactions, when available;
Refund: Return of funds to a User after a good-faith request when the transaction was made via PIX;
Relationship: The relationship existing between a Subscriber and an Influencer/Creator, and vice versa;
Account Suspension: Means the operation performed by Privacy in the event of a User's death to safeguard the information and data linked to the account.
User: Any person registered on the platform, whether as an Influencer/Creator or Subscriber;
1. General
i. General Provisions: These Terms of Use constitute a contract between the User and Privacy and regulate access to and use of the platform and its resources, including content, features, and services offered on or through the social network, requiring Influencers/Creators and Subscribers to comply with the provisions herein. Thus, Users accept and agree to these Terms and all other Privacy Policies, including the Security and Transparency Center and the Privacy Policy. In case of conflict, the provisions of these Terms of Use shall prevail over other policies, except where expressly stated otherwise and subject to applicable law.
ii. Updates to the Terms of Use: Privacy reserves the right to change these Terms at any time. These Terms and their updates will prevail over prior proposals, understandings, or agreements. Changes take immediate effect and are considered accepted by Users through continued use of the platform after publication.
iii. Update of Terms of Use: Privacy will publish and maintain the updated version of these Terms on its platform whenever changes occur.
iv. Communications from Privacy: The User agrees to receive electronic communications from Privacy, including emails and platform messages via Laranjinha, in accordance with the Privacy Policy. Electronic communications satisfy any legal requirement for written communication.
- The User is solely responsible for keeping their registration data, especially the email address, always updated. Privacy is not responsible for communications not received due to incorrect, outdated, or incomplete information provided by the User.
- If the User no longer wishes to receive communications, they must request this by email to suporte@privacy.com.br.
v. Eligibility to Use the Platform: The platform is intended exclusively for Users over 18 (eighteen) years old, and use by minors is prohibited under penalty of civil and criminal liability of their guardians. By using the platform, the User declares and guarantees they are at least 18 (eighteen) years old.
vi. Ownership and Access to Content: Users acknowledge that Privacy does not own the content the Influencer makes available on the platform. Moreover, views made by Subscribers do not represent Privacy's access to such content but only the Subscribers' own access.
vii. Acceptance of Terms of Use: Upon acceptance of these Terms, Privacy grants the User a conditional, revocable, non-transferable, non-sublicensable, non-exclusive, and limited license to use the platform.
viii. Transactional Relationship between Influencer/Creator and Subscriber: Relationships, transactions, and interactions related to the Influencer's and Subscriber's content constitute an exclusive relationship between Users, except when Privacy expressly acts as the Influencer's agent to receive payment on their behalf.
- 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. Payment Receipt and Inability to Take Collection Action: Privacy intermediates the receipt of amounts paid by Subscribers to Influencers/Creators through its payment providers. Once the transaction is completed on the platform, the Influencer/Creator has no right to take action against the Subscriber for non-payment and must allow access to the purchased content.
x. Prerogatives of Privacy: Privacy reserves the right, at any time and without prior notice, to:
- Modify, suspend, or terminate the platform, in whole or in part;
- Restrict, limit, suspend, or terminate User access according to these Terms of Use;
- Delete content published by Influencer/Creator that violates these Terms or applicable law;
- Monitor User activity within Privacy to verify compliance with these Terms and/or applicable law;
- Investigate any suspicious use or reports of misuse and/or illegal use of Privacy and cooperate with competent authorities if necessary;
- Disclose information about platform use related to police investigations of any illegal or suspicious activity in response to court orders;
- Periodically restrict User access to some or all parts of the platform.
xi. Coercive Measures: If the platform is used improperly or inconsistently with these Terms and applicable law, Privacy may apply various measures at any time, with or without prior notice. These measures may include:
- Email warnings;
- Blocking withdrawals and temporarily restricting platform features;
- Account blocking;
- Account banning.
xii. Disagreement with Terms of Use: If the User does not agree with these Terms or any changes, they may not access, use the platform, or perform any other operation linked to Privacy.
2. Account Registration and Platform Access
i. How to Register on the Platform: To use the Privacy platform, a User account registration is required. The User must provide a valid email address, a name, and a password or a valid X (Twitter) account, and when required to access certain profiles or features, their CPF (Brazilian tax ID) and date of birth. By registering and creating an account, the User declares that all information provided is accurate, updated, and complete, being responsible for the truthfulness and integrity of such information, subject to penalties provided in these Terms and applicable civil and criminal laws.
- Privacy allows Users to link an X (Twitter) account. Users using this feature must simultaneously comply with the X (Twitter) Terms of Use and Policies: https://twitter.com/tos.
ii. Registration of Individuals and Legal Entities: The platform supports registration only for Users who are Individuals. If a User intends to register as a Legal Entity, they must contact Privacy Customer Service via email suporte@privacy.com.br and request account opening under the desired CNPJ (business tax ID).
- For Legal Entity registration, the entity must be active, hold a bank account, and provide the Company's Registration Status Certificate and updated Articles of Incorporation.
- The User agrees that accounts in the name of Legal Entities will only be opened under the following conditions:
- If the applicant, an Individual, is the majority shareholder and controller of the Legal Entity (managing partner);
- If the applicant, an Individual, is represented by an Agency/Agent, with documentary proof as provided in these Terms.
iii. Documents for Agency Accounts: For Agency/Agent and Agented Creator accounts, the Creator's account may be constituted or changed with the Agency/Agent legal entity as the holder, provided the following documents are validated by Privacy:
- Agency Service Agreement;
- Power of attorney with specific representation powers before the Privacy platform, granted by the Creator in favor of the Agency/Agent;
- Image and Voice Usage Licensing Agreement, with the Creator as Licensor and the Agency/Agent as Licensee; and
- Updated and registered Articles of Incorporation of the agency before the competent public authority.
iv. Documentary Criteria for Agency Accounts: The documents mentioned above must be sent to the email suporte@privacy.com.br duly signed, with notarized signature, or digitally signed with an ICP-Brasil certificate. Only one legal entity account per individual (CPF) will be accepted; one individual cannot have two or more legal entity accounts for each linked CNPJ. Privacy is not part of the relationship between the Agented Creator and the Agency/Agent and holds no responsibility arising from it, including contractual conflicts or legal claims between parties.
v. How to Access the Platform: To access the Privacy platform, all registration and profile information of the User Account must be true and accurate, and any User Content provided must be exclusively theirs and not violate intellectual property rights or any other personality rights of third parties. Use of false, fraudulent, or infringing information is prohibited.
vi. Compliance and Acceptance of Terms of Use: By registering on Privacy, the User confirms that:
- All registration and profile information is true and accurate, and any User Content provided is exclusively theirs and does not violate intellectual property or other rights of third parties;
- If previously holding a User Account on Privacy, their old account was not banned by the platform for violating the Terms of Use;
- The sale, rental, or transfer of their User Account to third parties is prohibited;
- In the case of Subscribers, the provided account is personal, non-transferable, and for exclusive use, expressly prohibiting assignment, loan, sharing, or any other form of access transfer to third parties, free or paid. The Subscriber is solely responsible for account use and must keep login and password confidential;
- Privacy reserves the right to verify information provided and compliance with the Terms at any time. If verification is not possible, Privacy reserves the right to block the account;
- Use of third-party payment acceleration for subscription payments or other services via Privacy is prohibited;
- The User is fully responsible for all activities on their account and for protecting login data. By agreeing to these Terms, the User agrees not to disclose such information to others and must immediately notify Privacy at suporte@privacy.com.br if they believe their account has been accessed without permission or compromised;
- By agreeing to these Terms, the User agrees to log out at the end of each session and take special care when accessing their account on public or shared computers to prevent others from accessing, viewing, or saving their password, personal information, or content;
- Each Creator owns their own account and must have constant access to it. The Agented Creator and Agency/Agent are jointly responsible for any damages caused to Privacy or third parties and must ensure all posted Content and account use comply with the Terms of Use;
- Privacy reserves the right to deactivate any username, password, or other identifier chosen by the User or provided by Privacy at any time, for any reason, including violation of these Terms;
- The first withdrawal from a newly created account on the platform, regarding values transacted via PIX and/or credit card, will be subject to prior validation and analysis by Privacy.
3. Subscriptions and Purchases
i. Rules for Subscriptions and Purchases: To view Influencer/Creator content or use an Interaction on Privacy, the User may pay via the following methods: PIX; Privacy Wallet or E-Wallets; or credit card by clicking the “Subscribe” button on the chosen Influencer/Creator's profile.
ii. Automatic Renewal: When subscribing to Influencer/Creator profiles via PIX, credit card, E-Wallets, or Privacy Wallet and accepting these Terms, the Subscriber acknowledges the subscription will automatically renew for the originally contracted period. The Subscriber may cancel this renewal anytime by disabling "Automatic Renewal" on the Influencer/Creator profile or by emailing suporte@privacy.com.br at least 24 (twenty-four) hours before the current cycle ends to avoid the next charge.
iii. Price Adjustment on Renewal: The User acknowledges and authorizes that automatic renewal occurs based on the initial subscription price.
iv. Automatic Renewal via PIX: The User may subscribe to an Influencer/Creator profile via PIX and authorize automatic billing through their financial institution's features. The User may also disable automatic billing via Privacy profile settings or their financial institution.
v. Automatic Renewal with Multiple Cards and Privacy Wallet: The User may register up to three cards for subscription payments. The first registered card is the main card. If payment on the main card is declined, other registered cards will be charged automatically in the order registered. If none succeed, the User authorizes charging any credits deposited in the Privacy Wallet.
vi. Automatic Renewal with E-Wallets: The User may pay subscriptions via digital wallets (E-Wallets) such as ApplePay and GooglePay. Automatic renewal will be charged to the same wallet used for the initial payment. If that payment is declined, automatic renewal will not occur.
vii. Access to Specific Content: Subscription does not guarantee unrestricted access to all Influencer/Creator content. Certain content or features may be offered separately and optionally, not included in the regular subscription price. Subscribers are responsible for verifying conditions and prices before purchase.
viii. Cancellation, Chargeback, and Refund Policy: Privacy does not issue chargebacks or refunds upon subscription cancellation. Subscribers retain access until the end of the paid period. Afterward, without new payment, content becomes unavailable. Privacy may cancel transactions proactively if fraud, irregularities, or policy breaches are detected.
ix. Non-fulfillment of Promises: The right to refund or chargeback due to Creator non-fulfillment will be assured to Subscribers under applicable law. Requests will be analyzed case-by-case and may be denied if bad faith, abuse, or misuse of the platform is found, with due process observed.
xi. Refund or Chargeback Request Due to Fraud: Subscribers may request chargebacks or refunds in proven fraud cases by contacting suporte@privacy.com.br. The Privacy team will review the request and may require supporting documents like police reports.
xii. Credit Card Disputes: If a dispute is filed with the card issuer, Privacy may deduct the amount from the Influencer/Creator's balance. Transactions may also be proactively canceled after platform review.
xiii. Price Setting: Subscription prices are set by the Influencer/Creator, respecting a minimum of R$19.90 (nineteen reais and ninety cents) and a maximum of R$200.00 (two hundred reais). Prices may vary according to exchange rates and applicable fees based on region and payment method.
xiv. Privacy Challenge: Payments are exclusively via PIX, with goals between R$50.00 (fifty reais) and R$2,000.00 (two thousand reais), set by the Influencer/Creator. Privacy is not responsible for goals, deadlines, or conditions set by the Influencer/Creator. Paid amounts are non-refundable even if goals are unmet.
xv. Self-Financing: Influencers/Creators are strictly prohibited from purchasing their own content via real or fake profiles to manipulate platform metrics. Such practice may result in account blocking and/or banning, aggravated if repeated, without prejudice to civil and criminal liability.
xvi. Privacy Wallet: The internal payment method allowing users to recharge via PIX or crypto-assets if outside Brazil, offering faster, safer, and more flexible transactions. Balance can be used for subscriptions, chat purchases, live access, video calls, and sending gifts. Balance is available immediately after recharge and does not expire. Except as provided by law, recharged amounts cannot be withdrawn, transferred to bank accounts, or refunded, and are generally used only within the platform. For contractual breaches, service failures, incorrect charges, or fraud, Subscribers must contact Privacy at suporte@privacy.com.br with necessary evidence. Recognized refunds will preferably be credited to the Privacy Wallet, without prejudice to other legal forms.
4. Commission Payments
i. How Payments are Passed to Influencers/Creators: Privacy intermediates, through its payment providers, the receipt of amounts paid by Subscribers to Influencers/Creators after deductions specified in these Terms. Once payment is completed on the platform, Subscribers have no further financial obligation to the Influencer/Creator.
ii. Platform Intermediation Fee: Gross revenue generated by the Influencer/Creator is automatically subject to a 20% (twenty percent) deduction for intermediation by Privacy. Financial and processing fees charged by Payment Providers may also be deducted. All amounts will be calculated and paid according to the Influencer/Creator's location, regardless of the Subscriber's currency, as follows:
- Location – Brazil: Payment in Brazilian Reais (BRL);
- Location – Argentina: Payment in Argentine Peso (ARS);
- Location – Mexico: Payment in Mexican Peso (MXN);
- Location – Colombia: Payment in Colombian Peso (COP);
- Location – Chile: Payment in Chilean Peso (CLP);
- Location – United Kingdom (UK): Payment in British Pound Sterling (GBP);
- Location – Europe (EU): Payment in Euro (EUR);
- Location – Other Countries: Payment in US Dollars (USD).
iii. Blocking of Funds: The Influencer/Creator will be informed of any blocking performed. Privacy may partially or fully block Creator funds in cases of:
- Suspected or proven violation of these Terms of Use;
- Indications of illegal activities;
- Potential risk of harm to Privacy or third parties;
- Request from judicial or administrative authorities;
iv. Use of Blocked Revenue for Compensation: If infractions causing harm to Privacy or third parties are found, blocked revenue may be used to compensate such damages.
v. Limited Liability of Privacy: Privacy is not responsible for blocks made according to these Terms and applicable laws. Non-infringing amounts will be released to the Influencer/Creator after transaction analysis by the competent department to ensure security and integrity for all involved.
vi. Refund and Chargeback Policy: Payments made by Subscribers are final and generally non-refundable, except in cases of proven fraud or other legal exceptions. Approved refunds or chargebacks will automatically be deducted from the Influencer/Creator's revenue, regardless of the original credit date, and may result in a negative account balance.
vii. Negative Balance: The Influencer/Creator's balance may become negative, and they authorize deductions by Privacy for compensation in cases such as:
- A refund or chargeback was made and the Influencer/Creator lacked sufficient balance for deduction;
- Due to system irregularities, the Influencer/Creator requested a withdrawal, received funds twice due to system inconsistency, resulting in improper double withdrawal.
5. Commission Withdrawals
i. Availability of Funds for Withdrawal: Withdrawal release times vary by payment method chosen by the Subscriber:
- Credit Card: Available for withdrawal within 15 (fifteen) calendar days from payment approval.
- PIX: Released as "PIX Balance to Release" and available for withdrawal once the Influencer/Creator accumulates at least R$30.00 (thirty reais).
ii. Withdrawal Ownership: Withdrawals are allowed only to bank accounts with the same ownership (CPF or CNPJ) as the Influencer/Creator registered on Privacy. Withdrawals are authorized only for accounts matching the registration document.
iii. Withdrawals by Agencies: For Agency profiles, withdrawal requests are authorized only to bank accounts with the same ownership (CNPJ) as the registered Agency. The Agency assumes full responsibility for payments to the Influencer/Creator it represents. Privacy is not responsible for disagreements or defaults between Agency and Influencer/Creator.
iv. Withdrawal Limits and Fees: Influencers/Creators are entitled to 1 (one) free withdrawal per day. Additional withdrawals on the same day incur a fee of R$3.50 (three reais and fifty cents) per transaction. Privacy may adjust fees at any time with 10 (ten) days prior notice via registered email.
v. Minimum Withdrawal Amount: Withdrawals are permitted only when the available balance is equal to or greater than R$30.00 (thirty reais). Amounts may vary according to exchange rates and fees applicable to payment methods based on region.
vi. Temporary Withdrawal Block Due to Sanctions: Privacy may temporarily block withdrawals due to sanctions from Terms violations, misconduct, internal investigations, third-party complaints, or court orders. The block remains until resolution or internal procedure closure.
vii. First Withdrawal Validation: The Influencer/Creator's first withdrawal is subject to analysis and validation by Privacy within up to 24 (twenty-four) business hours. In case of registration inconsistencies or suspected fraud, funds may be blocked until regularization, with prior email notification.
viii. First Withdrawal Block Due to Irregularity: If inconsistencies, fraud indications, or irregular documents are found, the Influencer/Creator's account may be blocked until regularized. Privacy will notify the User by email and may request supporting documents. Unblocking depends on legitimacy verification of the account and content.
ix. Account and Funds Protection: Privacy may implement two-factor authentication at its sole discretion to ensure only the owner authorizes account login, protecting against unauthorized access or fraud attempts. Regardless of two-factor authentication, Privacy is not liable for withdrawals by third parties who obtained User credentials due to negligence. Strong, unique passwords and regular authentication updates are recommended.
6. Fiscal and Tax Compliance
i. Tax Responsibility of Influencer/Creator: The Influencer/Creator is solely responsible for fully complying with their fiscal and tax obligations related to 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 applicable tax regulations.
iii. Income Declaration: The Influencer/Creator declares sole responsibility for calculating, declaring, and paying all taxes on income earned via the Platform, recognizing Privacy's role as a technology intermediary only, without any employment, social security, or joint, subsidiary, or any other tax liability, and agrees to indemnify and hold Privacy harmless from any tax assessments or charges arising thereof.
iv. Obligations of Influencers/Creators: Influencers/Creators are solely responsible for correct payment of taxes, contributions, and any charges on their activity and amounts earned through Privacy.
v. Limited Liability of Privacy: Privacy acts only as an intermediary and is not responsible for Influencer/Creator tax compliance. The platform does not provide reports or documents such as income statements or tax payment receipts.
vi. Financial Reports: Key reports on values and receipts must be obtained directly by the Influencer/Creator on the Privacy platform or from their financial institutions.
vii. Income Tax and Other Obligations: Calculation and payment of Income Tax (IRPF or other applicable taxes) are the sole responsibility of the Influencer/Creator. Privacy has no obligation to provide tax support or specific documentation.
7. Relationship between Subscriber and Influencer/Creator
i. Nature of Relationship between Subscribers and Influencers/Creators: Subscription transactions occur directly between the Subscriber and Influencer/Creator, with Privacy only acting as the platform intermediary through its payment providers. Privacy is not a party to the contractual relationship between Users. The Influencer/Creator is fully responsible for the truthfulness, legality, and appropriateness of the content provided and authorizes moderation by Privacy. Non-compliance with these Terms or applicable law will result in appropriate measures.
ii. Platform Intermediation in User Transactions: By transacting a subscription through Privacy, the Subscriber and Influencer/Creator enter into a contract solely between them. Privacy acts only as an intermediary facilitating the transaction and payment, not responsible for User obligations. It may verify registration and content but cannot guarantee suitability or accuracy.
iii. No Employment or Partnership with Privacy: Accessing and using the platform as a User means contracting Privacy's services without creating employment, collaboration, representation, partnership, association, or joint venture. Users act on their own behalf and benefit, with autonomy to promote and sell content respecting laws and Terms of Use. Privacy is not liable for direct or indirect damages from Subscriber-Influencer relationships. It does not create, control, endorse, or provide content on the platform. Influencers/Creators bear full responsibility for content and offer conditions. Privacy is not liable for disputes or damages among Users or with third parties, including trust in Influencer-provided information.
iv. Limitation of Liability: Privacy is not responsible for:
- Content created, published, or sold by Influencers/Creators, to the fullest extent permitted by law;
- Problems arising from Subscriber-Influencer relationships;
- Damages caused by false, inaccurate, or incomplete information provided by Users, to the fullest extent permitted by law;
- Results or performance obtained by Subscribers using the content;
- Platform interruptions or failures caused by force majeure or unforeseen events, such as natural disasters, cyberattacks, strikes, or telecom service interruptions.
v. No Guarantee of Results: Privacy does not guarantee Users will achieve specific performance, earnings, or results using the platform or subscribing to content. Influencers/Creators are prohibited from promising unrealistic financial, professional, or personal results to all Users.
vi. Price Setting and Subscription Revenue Payment: Influencers/Creators set subscription prices exclusively. Privacy is not responsible for price setting or arbitration. Users authorize Privacy and third parties to act as intermediaries through payment providers for charges, revenue processing, fee deductions, and platform intermediation payments as stipulated.
vii. License to Access Content: After subscription payment, the Subscriber receives a limited, non-transferable, non-sublicensable, and non-exclusive license to access purchased content. Access occurs upon payment confirmation by the payment provider. Influencers/Creators may sell content whose license is not included in the subscription.
viii. Restrictions on Commercialization and Misuse: The license does not grant Subscribers intellectual property rights or authorize commercialization, transfer, or any use of content outside the platform. Violations, including password sharing or unauthorized downloading, transmission, or storage, may constitute fraud and subject Users to sanctions and legal measures.
ix. Content Access Period and Paid Posts: Licensed content is accessible for 30 (thirty) days from purchase unless otherwise stated by the Influencer/Creator. Early content removal by the Influencer/Creator may entitle the Subscriber to a proportional refund request via suporte@privacy.com.br. Paid posts must remain available for at least 30 (thirty) days or until the Subscriber's viewing period ends, whichever comes first.
x. Conditions for Subscription Termination: The license automatically terminates without notice in cases of:
- Failed or unprocessed subscription payment;
- End of subscription period without renewal;
- User account block or ban;
- Violation of Privacy Terms of Use by the User;
- Influencer/Creator request to cancel Subscriber subscription for inappropriate behavior (e.g., insults, harassment, threats), with possible proportional refund;
- Removal of content from the Influencer/Creator's account;
- User account deletion on Privacy.
xi. Obligation to Observe Terms of Use: Subscribers and Creators must comply with these Terms, especially regarding content provided.
xii. Payment and Refund or Chargeback Policy: Subscribers agree to pay to access, view, and interact with content and commit not to request refunds or chargebacks except in good faith cases of Creator non-fulfillment under applicable law. Access is automatically blocked upon payment failure.
xiii. Content Release after Payment Confirmation: Influencer/Creator content is available to Subscribers after payment confirmation.
xiv. Declaration of Ownership and Copyright: Influencers/Creators declare they hold all necessary rights over content and ownership, authorized to license use, under penalty of legal liability. They guarantee all permissions for licensing. They assume full responsibility for third-party rights violations.
xv. Influencer/Creator Obligations Regarding Content: Influencers/Creators are solely responsible for content creation and submission with no guarantee of continuity. Subscribers may request partial refund or chargeback for unused periods in Quarterly or Semiannual plans by contacting Privacy at suporte@privacy.com.br.
xvi. Subscriber Risks and Responsibilities: Access to content is entirely the Subscriber's responsibility and risk, except in cases of Influencer/Creator negligence or breach.
xvii. Influencer/Creator Autonomy over Content: Influencers/Creators may add or remove content and define content type pertinent to their account segment. Privacy may take measures for platform rules violations, including content removal, account blocking, or banning.
xviii. Situations Interrupting Content Access: Subscribers acknowledge possible temporary interruptions due to:
- Influencer/Creator account block, deletion, or ban;
- Subscriber account block, deletion, or ban;
- Privacy platform interruption or inactivity;
- Future inability of Influencer/Creator to create or upload content (e.g., death or career change).
8. Chat
i. Limitation of Liability for Private Interactions: While Privacy strives to ensure interaction security, it is not liable for actions arising from private communications between Influencer/Creator and Subscriber.
ii. Conduct Rules in the Chat: Influencers/Creators and Subscribers must maintain respect and civility in the chat. Sharing illegal, abusive, or third-party rights-infringing content, including but not limited to child pornography, hate speech, defamatory content, or content prohibited in the Acceptable Use section, is strictly forbidden.
iii. Negotiations and Payments in the Chat: Influencers/Creators may offer and/or receive additional media packages in the Privacy chat for payment, following platform rules with transparency and honesty.
iv. Values and Content of Media Packages in the Chat: The maximum allowed value per media package is R$2,000.00 (two thousand reais), subject to Privacy changes. Each package may include multiple images or videos, up to 30 (thirty) files, as defined by the Influencer/Creator.
v. Prohibited Content in the Chat: Influencers/Creators and Subscribers are solely responsible for content sent or received in the chat. Sharing offensive, illegal, third-party rights-infringing, or prohibited content per the Acceptable Use section is forbidden.
vi. Chat Moderation: Privacy reserves the right to moderate private chats to ensure compliance with Terms of Use and applicable law.
9. Account Deletion
i. Account Deletion for Subscribers: To delete their Privacy account, Subscribers must access the “Settings/Security” section. If the User has active paid subscriptions, deletion cannot be done automatically. In these cases, the Subscriber must:
- Contact suporte@privacy.com.br to request early deletion; or
- Wait for the active subscription period to end to delete the account directly.
ii. Account Deletion for Influencers/Creators: To delete their Privacy account, Influencers/Creators must access the “Settings/Security” section. Self-deletion is allowed only if the User has no active Subscribers, pending purchases, positive, negative, or blocked balance related to the first withdrawal.
If any of these conditions exist, they must:
- Regularize pending balance (positive or negative); and/or
- End active Subscriber subscriptions; and/or
- Wait for full release of blocked withdrawal funds; and/or
- Contact suporte@privacy.com.br for support and guidance on deactivating or deleting the account.
10. Intellectual Property Rights
i. Ownership and Protection: All intellectual property rights related to the platform, including but not limited to content, features, structure, source code, software, interfaces, design, trademarks, patents, trade names, domain names, databases, files, media (audio, text, video, images, etc.), and any other element protected by copyrights, trade secrets, or intellectual property belong exclusively to Privacy, except for Influencer/Creator Content, which is exclusively owned by the Influencer/Creator.
ii. General Prohibitions: Users are prohibited from copying, modifying, distributing, displaying, performing, republishing, storing, or transmitting any material from Privacy, except for automatic browser cache storage for display. Creation of derivative works, reverse engineering, commercialization, or any use, partial or full, without prior express authorization is forbidden.
iii. Protections for User Content: Privacy uses Digital Rights Management (DRM) technology to prevent unauthorized use, reproduction, export, and distribution of content on the platform, integrated with other security mechanisms allowing monitoring, restriction, and tracking of content access. Users are expressly forbidden from circumventing or disabling protections, including DRM, constituting a serious violation subject to sanctions and legal liability. Privacy may upgrade or replace protection technologies at any time without notice.
iv. Consequences of Misuse and Violation: All platform elements are protected by intellectual property laws. Unauthorized printing, copying, modifying, downloading, use, or provision of platform parts will immediately revoke access rights and may result in legal actions. Users are liable for infringing Privacy's intellectual property rights and must return or destroy illegally obtained materials. Any unauthorized use is a violation subject to legal sanctions.
v. Reservation of Rights on Platform and Content: Except for Influencer/Creator content, no rights, titles, or interests in the platform or content are transferred to Users. All rights not expressly granted remain exclusively with Privacy.
vi. Prohibition on Unauthorized Use of Trademarks or Unauthorized Dissemination: Users are not authorized to use any Privacy trademark, logo, trade name, or distinctive element for publicity or imply association, endorsement, or certification by Privacy without written permission. The platform's use is limited to content creation, promotion, and commercialization as per these Terms. The name "Privacy", logo, colors, and related names, products, services, designs, and slogans are trademarks of Privacy, affiliates, or licensors and cannot be used without prior written consent. Other product or service trademarks on the platform belong to their owners.
vii. Grant of Powers for Content and Data Protection: By registering, Influencers/Creators grant Privacy broad judicial and extrajudicial powers to protect their interests related to content and data, including taking necessary legal measures.
viii. Procedure for Reporting Intellectual Property Violations: Users identifying violations of their intellectual property or unauthorized use of platform elements must follow official Privacy channels, providing updated contact details, detailed description, supporting documents, and ownership information. Reports must be made by the affected party or legal representative with authorization. By submitting a report, the complainant agrees that their information may be shared with the accused to clarify facts and resolve the issue. Privacy reserves the right to request clarifications or additional documents before action, except where immediate compliance with administrative, judicial, or legal orders is required.
ix. Measures for False Reports: Privacy may take legal action against unfounded, fraudulent, or bad-faith reports, including protecting its intellectual property rights. Complainants may be held civilly and criminally liable for damages caused by false allegations.
11. License
i. Grant of Limited License: Privacy grants Users a limited, non-exclusive, non-transferable, non-sublicensable, conditional, and revocable license to use the platform solely for personal and legitimate purposes as established in these Terms. This license does not imply intellectual property rights transfer or ownership of any platform element.
ii. Possibility of License Revocation: Users acknowledge that the license may be revoked by Privacy at any time and for any reason, including violation of Terms or applicable law, with or without prior notice, especially in cases of misuse, fraud attempts, automation, third-party rights violations, or authority orders.
iii. Usage Restrictions: Users are expressly prohibited from any platform use not explicitly authorized in these Terms. All ungranted rights remain reserved to Privacy.
iv. Technical Compatibility: Privacy does not guarantee platform compatibility with all devices, browsers, or operating systems. Users are solely responsible for ensuring their device compatibility. Full functionality may require permissions, updates, plugins, or technical settings on User devices, which are their responsibility.
12. Acceptable Use
i. Requirement to Comply with Terms of Use: Privacy requires all Users to fully respect and comply with these Terms during platform use. Use must be personal, lawful, and for the described purposes. Access or use via subterfuge, such as fake accounts, third-party identities, or IP masking, violates these Terms.
ii. Prohibited Activities on the Platform: Users may not use the platform for any purpose other than personal, legitimate use per these Terms; impersonate Privacy, staff, other Users, or third parties; provide false registration information; use unauthorized third-party information or content; engage in illegal or dishonest acts violating third-party rights or laws; copy, reproduce, or distribute platform parts without authorization; harm or exploit minors; engage in conduct harming other Users' experience; use extensions or tools to copy content without permission (plugins); share Influencer/Creator posts without authorization; send spam; or redirect traffic to external sites to circumvent Privacy rules or monetization models. Users may not restrict or inhibit others' use or experience, harm Privacy or Users, expose them to undue disclosure, degrade experience, induce off-platform consumption, or promote other platforms, including gambling, raffles, or non-Privacy products.
iii. Restrictions on Published Content and Interactions: Publishing or interacting with content containing blood; Nazi glorification; racism; hate speech; incest or related narratives; necrophilia; zoophilia; urine; scatological material; violence; child sexual abuse material (CSAM); human trafficking; non-consensual sexual content; bestiality; extreme fetish content causing real harm; rape or simulated non-consent involving real people; revenge pornography; coerced, fraudulent, or abusive content; torture; humiliation; domination; mutilation; or intoxication is prohibited. Also prohibited are illegal, fraudulent, discriminatory, threatening, defamatory content; use of weapons or drugs; illicit activities; unauthorized commercial activities; improper association with Privacy; sharing Users' personal information; and content causing discomfort, moral damage, or degradation. Content involving child fetishes (ageplay), racism, homophobia, animals, unauthorized ads, giveaways, raffles, military uniforms, or contact data for off-platform transactions (WhatsApp, phone, PIX, etc.) is also forbidden.
iv. Profile and Cover Photos: Explicit images are not allowed in profile or cover photos, even if partially or fully hidden by emojis, under penalty of account blocking until regularized. Posts involving illegal or non-compliant practices will be removed immediately and may result in account banning.
v. Profile Biography: Explicit, inappropriate, or unsuitable text is prohibited and subject to sanctions until regularized. Biographies involving illegal or non-compliant practices will be immediately removed and may result in account banning.
vi. Violation of Published Content on Platform: Profiles have a dedicated reporting channel allowing Users to inform Privacy about content or interactions violating these Terms or applicable law. Privacy may delete content deemed contrary to Acceptable Use rules or law without compensation. Content may be removed upon founded suspicion of violation or User safety risk.
vii. Ensuring Platform Security and Integrity: Users must not perform acts compromising platform integrity, security, or operation, including decompilation, reverse engineering, security breaches, unauthorized access to third-party information or accounts, cyberattacks, or server overloads. Users agree not to remove or alter copyright, trademark, or proprietary notices or interfere with platform operation or other Users' experience. This includes hacking, flooding, denial of service attacks, probing vulnerabilities, circumventing firewalls or encryption, or unauthorized account access.
viii. Prohibition of Automated and Competitive Use: Use of automated programs, tools, or processes (e.g., web crawlers, bots, scripts) to access Privacy or associated networks/systems or extract content or information without authorization is prohibited.
ix. Prohibition on Credential Sharing: Account login credentials, including username, password, and authentication data, are strictly personal and non-transferable. Subscribers may not share, assign, disclose, or transfer credentials to third parties free or paid. Privacy monitors access and usage patterns; credential sharing or simultaneous use on multiple devices may result in immediate sanctions.
x. Consequences for Non-Compliance: Violating content may be removed with User notification. Recurrences or serious violations may result in account blocking or banning and legal measures. Privacy may act immediately if User safety, platform reputation, or third-party rights are at risk.
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 at suporte@privacy.com.br.
xii. Death of Influencer/Creator: In case of an Influencer/Creator's death, anyone aware may contact Privacy at suporte@privacy.com.br, which may request proof to suspend the account, respecting memory and legal rights.
xiii. User Declarations and Warranties: Users declare they are 18 or older, fully comply with these Terms, assume full responsibility for platform use and published or purchased content, and provide true, complete, and updated information.
xiv. Use on Behalf of Third Parties: Users acting on behalf of a company or entity declare they have authority to bind that entity to these Terms. Privacy may request proof of authorization anytime.
xv. Content Publication by Photographers and Third Parties: Photographers may act as Influencers/Creators if they submit Image Authorization Terms, Identity Documents, and selfies of all involved to moderacao@privacy.com.br. Non-compliance may result in content removal and account blocking until documents are provided.
xvi. Content Fidelity: Influencers/Creators must ensure truthfulness between published content and that offered to Subscribers. Discrepancies may lead to account blocking until regularized. Content using misleading thumbnails, captions, or descriptions to attract Subscribers violates good faith.
xvii. Good Conduct Practices: Users must maintain respectful and cordial behavior, refraining from unauthorized third-party content sharing. Privacy encourages amicable conflict resolution but may intervene in violations or safety risks.
xviii. Sanctions for Subscribers: Insulting, harassing, spreading hate speech, discriminatory behavior, or sharing personal data (address, phone, email, social profiles) is prohibited. Sharing links, screenshots, recordings, or live content without authorization is also forbidden. Violations will result in sanctions including banning, data retention to prevent re-registration, and reporting to authorities as per law.
13. Influencer/Creator Content
i. Viewing License: By creating and publishing Influencer/Creator content on Privacy, the Influencer/Creator grants Subscribers a limited, personal, revocable, and non-transferable license to access and view content exclusively through the platform. This license is restricted to personal, lawful, non-commercial use, prohibiting export, including downloading, copying, reproducing, or redistributing content beyond permitted terms. The license does not grant Subscribers ownership or authorization to use content outside the platform, even if paid.
ii. Rights and Obligations Regarding Content: Influencers/Creators guarantee they hold valid licenses or all necessary rights over posted content, including copyrights, image rights, and others. For content including third-party property (music, videos, images), the Creator has all necessary authorizations, licenses, consents, and written releases.
iii. Prohibition of Content Involving Minors: Publishing any content representing or including persons under 18 is strictly prohibited. Influencers/Creators must inspect and obtain valid written proof that all persons in content are at least 18 at creation, recording, or capture date. Submitting false or altered documents is a serious violation subject to account ban and civil and criminal liability.
iv. Confidentiality and Availability: Influencer/Creator content is not confidential and will be publicly available to Subscribers via “privacy.com.br”. Influencers/Creators acknowledge content will be accessible per Terms and platform policies once published.
v. Quality and Compliance: Content must meet quality standards considering description, price, and other information disclosed by the Influencer/Creator. Content must suit the purpose indicated by the Subscriber, including any statements or promises. Excessive repetition, misleading descriptions, or intentional low quality may result in sanctions.
vi. Definition and Guarantees of Influencer/Creator: If content includes others besides the Creator, even unidentifiable, it is considered co-authored. The Influencer/Creator guarantees each individual shown:
- Has given formal, express, prior, fully informed consent to participate by signing Privacy’s “Co-Authorship Terms”;
- Agreed to publication on Privacy. The third party may request content removal anytime with proof, even if prior image and voice authorization was signed.
vii. Licenses and Permissions: The Influencer/Creator providing co-authored content is responsible for obtaining and maintaining all necessary licenses and consents from all third parties, sufficient for publication and distribution on Privacy.
viii. Payment and Commission to Third Participants: The Influencer/Creator agrees that co-authored content payments will be made to the linked profile. The Influencer/Creator is solely responsible for any commission to third parties. Privacy is not involved in payment between Influencer/Creator and third parties and does not make direct payments to third parties, even if listed in authorization terms.
ix. Document Requests and Consequences: Privacy may request full legal documents of all persons in co-authored content at any time. Influencers/Creators must provide within 3 (three) calendar days. Failure may result in content removal, restriction of rights, and account blocking until regularized.
x. Disputes Related to Co-Authored Content: Co-Author Influencers/Creators agree not to claim against Privacy regarding co-authored content. Disputes must be resolved exclusively among involved Influencers/Creators without Privacy involvement.
xi. Influencer/Creator Responsibilities for Content and Information: Influencers/Creators are fully responsible for content legality, reliability, accuracy, and suitability. They indemnify Privacy, licensees, successors, and assignees against liabilities, costs, damages, including direct, indirect, lost profits, interest, fines, and attorney fees. Privacy is not liable for third-party content or information veracity.
xii. Record Keeping: By registering on Privacy, Influencers/Creators acknowledge responsibility for keeping records of submitted content and ensuring legal compliance.
xiii. Influencer/Creator Liability for Platform Misuse: Influencers/Creators indemnify Privacy, licensees, successors, and assignees against liabilities, costs, damages, including direct, indirect, consequential losses, lost profits, interest, fines, attorney fees, and other legal or professional expenses from platform misuse or third-party rights violations.
xiv. Use of Artificial Intelligence (AI) in Content: Influencers/Creators using AI must clearly indicate this on their profile and content descriptions, ensuring Subscribers know the artificial nature. Omission may be considered deceptive and sanctioned.
xv. Restrictions on AI Use: Influencers/Creators using AI agree not to generate altered or realistic content of public persons or identifiable third parties, nor use AI for prohibited purposes under these Terms or law, respecting privacy, image, and integrity rights.
14. Gift
i. How It Works: The “Gift” feature allows Subscribers to send funds to Influencers/Creators voluntarily, without any obligation of content delivery or consideration. It is a gesture of generosity, non-refundable and non-chargebackable. Gift sending does not constitute a purchase or commercial transaction. Privacy is not responsible for agreements outside the platform involving this feature.
ii. How to Send: Gifts are sent via the “Gift” button available on Influencer/Creator profiles, posts, and chat.
iii. No Obligations from Gift Payments: Sending Gifts does not create any obligation for the Influencer/Creator. Privacy is not responsible for off-platform negotiations or obligations involving gifts.
iv. Value Limits: Gift amounts are subject to a minimum of R$5.00 (five reais) and maximum of R$10,000.00 (ten thousand reais) per transaction, subject to change per internal policies or legal requirements.
v. Accepted Payment Methods: In Brazil, gifts can be sent only via PIX, Privacy Wallet, and E-Wallets. In other regions, these methods plus credit card are accepted.
vi. Content Violation Regarding Gifts: Profiles have reporting channels for Subscribers to report serious violations such as pedophilia, rape, zoophilia, animal presence, unauthorized ads, giveaways, scatological material, personal data requests or sharing, misuse of trademarks, or sharing WhatsApp, phone, PIX, or similar contacts for off-platform transactions. Privacy may remove such content preventively without compensation.
15. Paid Media - Paid Posts
i. How It Works: Paid media consists of standalone premium digital content made available by the Influencer/Creator upon individual payment, not included in regular profile subscription. It can be offered on free or paid profiles and accessed only by Subscribers with active subscriptions. The Influencer/Creator is solely responsible for availability, maintenance, and removal.
ii. Access Conditions: Only active Subscribers can purchase paid media in subscription profiles. In free profiles, Users must be formally subscribed to view and unlock content. Access requires a prior relationship between User and Influencer/Creator.
iii. Availability and Access: Paid media is posted on the Influencer/Creator profile following standard posting flow but remains locked until payment confirmation. Description is optional at the Influencer/Creator's discretion.
iv. Content Unlocking: Unlocking is via the “Unlock Content” button directing to payment. After purchase, content is available for 30 (thirty) calendar days. Influencer/Creator decides on content or account maintenance or removal after this period.
v. Value Limits: Paid media prices are set by Influencers/Creators with a minimum of R$5.00 (five reais) and maximum of R$200.00 (two hundred reais) per transaction, subject to platform policies or legal/regulatory requirements.
vi. Accepted Payment Methods: Paid media can be purchased via PIX, Privacy Wallet, E-Wallets, or Credit Card.
vii. Content Violation Regarding Paid Posts: Profiles have exclusive reporting channels for Subscribers to report content violating platform policies such as pedophilia, rape, zoophilia, animal presence, unauthorized ads, giveaways, scatological material, personal data sharing, trademark misuse, or sharing contacts for off-platform transactions. Privacy may remove such content preventively without compensation.
viii. Prohibition of Exclusive Use of Paid Media: Using the platform solely for profiles composed entirely of Paid Media is prohibited. Privacy may block or ban profiles abusing this feature or not providing any free or subscription-accessible content. Violations may lead to sanctions including account banning.
16. Challenge
i. How It Works: The challenge is a paid post where the Influencer/Creator sets a target value and suggests preset financial contributions from Subscribers. Each Subscriber may pay more than the set amount at their discretion. Once the target is reached, content unlocks automatically and is available only to Subscribers who contributed financially.
ii. Who Can Participate: Only Subscribers can view and contribute to challenges on paid profiles. On free profiles, Users must be subscribed. A prior relationship (subscription or free subscription) is required for unlocked challenge content access.
iii. How to Participate: Challenges follow regular posting flow, shown in the Influencer/Creator feed with clear indication of financial goal-locked content. Content unlocks automatically for contributing Users once the target is met.
iv. Value Limits: Contributions are between R$5.00 (five reais) and R$2,000.00 (two thousand reais) per transaction, subject to platform policies or legal/regulatory changes.
v. Accepted Payment Methods: Contributions can be made via PIX, Privacy Wallet, E-Wallet, or Credit Card.
vi. How to Create: Influencers/Creators create a challenge by setting a target and posting locked content in the feed. Only contributing Subscribers access content when the goal is reached.
vii. Post Creation: Influencers/Creators must select “Challenge” in their posting area, then:
- Set total target amount (between R$50.00 and R$2,000.00);
- Add optional description of content to be released;
- Upload locked content (image, video, or allowed type).
viii. Publication and Contribution Collection: The challenge is published in the feed and visible to all Subscribers (or subscribed Users on free profiles). Each Subscriber may contribute any amount equal or above R$5.00.
ix. Content Release: Once the target is met, content is automatically released only to financially contributing Users. Non-contributors, even if Subscribers, do not access the content.
x. Content Duration and Validity: Challenge content is available for 30 (thirty) calendar days after release. Afterward, the Influencer/Creator decides on maintaining or deleting the material and their account.
xi. Content Violation Regarding Challenges: Profiles have exclusive reporting channels for Subscribers to report prohibited content, including pedophilia, rape, zoophilia, animal presence, unauthorized ads, giveaways, scatological material, personal data sharing, trademark misuse, or sharing contacts for off-platform transactions. Privacy may remove such content preventively without compensation.
17. Live
i. Eligibility for Influencers/Creators: Only Influencers/Creators with total earnings of at least R$5,000.00 (five thousand reais) may use Privacy live streaming. Amounts may vary by exchange rates and fees by region and payment method.
ii. Account in Good Standing: Influencers/Creators must keep their accounts regular and meet platform eligibility criteria. Privacy may restrict, suspend, or cancel live access at its sole discretion upon risks, irregularities, or fraud suspicion.
iii. Before Starting a Live: Influencers/Creators must expressly agree to the Terms of Use and commit not to conduct or promote raffles, explicit sexual acts, or third-party ads during live. They declare holding all rights over transmitted content and assume responsibility for third-party rights violations.
iv. Subscriber Access: Subscriber entry to live streams depends on payment set by the Influencer/Creator, processed only after the live starts. Payments are via PIX or Privacy Wallet. Other payment methods may be added at Privacy's discretion.
v. Live Streams: All Influencers/Creators may conduct Lives as follows:
- Free Live: Influencers/Creators may conduct one free live per day, up to 60 minutes. Early termination prohibits another live that day, even if time unused.
- Paid Live: Unlimited paid live streams are allowed.
vi. Scheduling and Prior Cancellation of Live: Advance promotion is allowed only after official scheduling on the platform, enabling Subscribers to know the event. Influencers/Creators may cancel a live before starting without User detriment, as no pre-charge occurs. Lives must fully comply with Acceptable Use rules.
vii. Interruptions for Rule Violations: Lives have reporting channels for Subscribers to notify Privacy of prohibited content such as pedophilia, rape, zoophilia, animal presence, unauthorized ads, giveaways, scatological material, personal data sharing, trademark misuse, or use of prerecorded material. Explicit sexual intercourse in Lives is prohibited. Privacy may interrupt broadcasts for violations or risks without compensation and may preemptively end streams upon suspicion.
viii. Sanctions for Influencers/Creators: Privacy decides on sanctions for Terms or legal violations, including banning, with data retention to prevent new registration or violations. Recurrences may worsen penalties.
ix. Sanctions for Subscribers: Insulting, harassing, hate speech, discriminatory behavior, or sharing personal data is prohibited. Unauthorized sharing of live content is forbidden. Violations will incur penalties, including banning. Sanction decisions are at Privacy's discretion.
x. Accessing a Live: By accessing a live, Subscribers agree payments are via PIX and Privacy Wallet, with no refunds except as expressly provided. Payment is for unique, specific access without guarantee of replays.
xi. Liability Limitations: Lives are for live content transmission, with Influencers/Creators responsible for securing all rights, consents, and licenses. Content must not infringe third-party rights or contain malware. Use of copyrighted phonographic works without license or content violating Terms is prohibited. Privacy is not liable for technical failures, connection drops, or interruptions beyond its control.
18. Video Call
i. General Rules: Video calls start by invitation from the Influencer/Creator in the platform chat, with pre-set durations between 5 (five) and 120 (one hundred twenty) minutes and fees paid by the Subscriber upon acceptance, only via PIX or Privacy Wallet. Prices range between R$39.90 (thirty-nine reais and ninety cents) and R$5,000.00 (five thousand reais).
ii. Confirmation and Start: Invitations expire after 10 (ten) minutes if unpaid. Upon payment confirmation, calls start as agreed. Calls may be pre-scheduled and must be honored by Influencers/Creators.
iii. Duration and End: Call time starts when Influencer/Creator joins and continues until both disconnect. In case of drops or instability, the room remains available for reconnection for up to 30 (thirty) minutes. Either party may manually end the call using the “End Call” button.
iv. Technical Permissions and Privacy: Camera and microphone access permissions are mandatory. Calls are compatible with mobile devices and computers.
v. Refunds: Requests must be sent to suporte@privacy.com.br within 72 (seventy-two) hours after the call with evidence. Privacy reviews requests per Terms and Privacy Policy. Refunds are exceptionally accepted if:
- Influencer/Creator does not attend the call;
- Severe or recurrent disconnections during the call, proven by technical logs;
- Violation of these Terms.
vi. Responsibilities and Penalties: Video call use must comply fully with Terms, including conduct and content rules. Violations may lead to account blocking or banning and withholding funds without prejudice to legal sanctions.
19. Copyright
i. Legal Compliance: Privacy fully respects third-party intellectual property rights and complies with Copyright Law (“LDA”). Violations by Users will result in immediate removal of infringing content without notice. Repeated violations may lead to account blocking or banning and other legal measures.
20. Links and Social Media
i. Creating Links to Promote Profile: Users may generate a link to Privacy's homepage via profile features, provided linkage is fair, legal, and does not harm platform reputation or imply unauthorized association or endorsement. The platform may offer social media tools allowing Users to:
- Generate links from their own or third-party sites to specific platform content;
- Share specific content via email or other communications;
- Display limited parts of Privacy content on their own page.
ii. Restrictions on Links and Integration with Other Sites and Apps: Users are expressly forbidden to:
- Establish links from sites they do not own;
- Display the platform or parts within other sites via framing, direct links, or other techniques;
- Create links to any Privacy page other than the homepage;
- Share or request personal information of any User;
- Perform actions violating Privacy Terms;
- Remove or hide any trademark, logo, or copyright notice displayed by Privacy.
iii. Revocation and Modification of Features: Users agree to cooperate with Privacy to immediately remove unauthorized links or framing when requested. Privacy reserves the right to cancel linking permissions without notice and may disable any social media or linking features at any time.
iv. Links to Third-Party Sites: The platform may contain links to third-party sites for User convenience, including ads or sponsored links. Privacy does not control or endorse these sites and is not liable for losses or damages from their use. Users access third-party sites at their own risk, subject to those sites' terms.
21. Referral Program and Incentive Payments
i. Eligibility and Participation: Privacy offers a referral program encouraging Users to introduce others interested in becoming Users. Participants must have validated Privacy accounts and be selected by the platform team. Each eligible account receives a unique referral URL to earn Incentive Payments.
ii. Requirements for Incentive Payments: The referred User must use the unique URL provided by the Influencer/Creator and register on Privacy using the same browser. Incentive Payments will not be made if:
- The referred User does not correctly use the referral link;
- The referred User was previously a member or had a banned account;
- The referred User creates multiple accounts; payment applies only to the first correctly registered account.
iii. Prohibition of Abusive Practices: Users may not use deceptive or fraudulent practices to represent Privacy or attract referrals, including pyramid schemes. Detected irregularities may lead to recovery of improperly paid amounts and account blocking or banning.
iv. Verification and Control: To prevent abuse, Privacy may verify credentials and identities of referred Users and referrers. Irregularities may lead to refusal or cancellation of Incentive Payments without notice.
v. Processing of Incentive Payments: Payments are processed on the first business day of each month and paid per platform Payment Provider terms. Referral Payment amounts are subject to Privacy intermediation deductions, not deducted from the referred User's earnings.
vi. Validity of Incentive Payments: Incentive Payments are valid for 6 (six) months after the referred User's registration.
22. Disclaimer of Warranties and Limitation of Liability
i. Disclaimer of Warranties on Privacy Services: All services and features are provided without warranties, express or implied. To the fullest extent permitted by law, Privacy disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
ii. Limitation of Liability Regarding the Platform: Privacy does not guarantee accuracy, completeness, or reliability of services or content, nor results from platform use. It is not liable for reliance on platform materials.
iii. Availability and Security of Services: Privacy does not guarantee platform availability at any time or location; uninterrupted, error-free operation; immediate defect correction; or freedom from viruses or harmful components. Users are responsible for adequate digital security measures, including backups and data loss protection.
iv. Technological Risks and Information Security: To the fullest extent permitted by law, Privacy is not liable for losses or damages from cyberattacks, including denial-of-service (DDoS) attacks, viruses, or malicious materials affecting User equipment, software, data, or information due to platform use.
v. Service Interruptions for Maintenance: Privacy does not guarantee 24/7 platform availability due to periodic maintenance.
vi. Exclusion of Liability for Indirect Damages: Under no circumstances is Privacy liable for indirect, incidental, exemplary, special, punitive, or consequential damages, including loss of use, profits, data, information, reputation, or business opportunities from platform use or inability.
vii. Liability for Unauthorized Content Distribution: Privacy is not liable if User content is illegally distributed by others. Users may report leaks by:
- Clicking their profile photo;
- Accessing the “Leak” option;
- Filling in requested information like title, leaked content link, description, and optional images.
viii. Disclaimer for Platform Misuse: Privacy is not liable for any consent given by Users due to misuse or inability to use the platform or services contrary to these Terms.
ix. Compliance with Applicable Law: Where law prohibits exclusion or limitation of liability, Privacy will observe mandatory local provisions for any offenses found.
x. Prohibition of Illegal Content and Abusive Practices: Privacy is not civilly or criminally liable for User content and expressly prohibits:
- Publishing content involving minors or promoting pedophilia;
- Providing content to minors by any means;
- Advertising escort services, prostitution incitement, or sexual exploitation;
- Using the platform for pyramid marketing or fraudulent schemes;
- Hate speech including racism, xenophobia, homophobia, religious intolerance, socioeconomic discrimination, or personal insults;
- Defamation, slander, or harm to third-party honor;
- Using Privacy for purposes other than intended, like unauthorized marketing, e-commerce, or advertising.
xi. Sanctions for Rule Violations: Users engaging in prohibited acts are subject to legal sanctions. Privacy disclaims liability for such conduct. Users must report violations to suporte@privacy.com.br for action.
xii. Other Liability Exclusions: Privacy is not liable if:
- Services do not meet User expectations;
- Users suffer direct, indirect, incidental, special, or exemplary damages from platform use.
xiii. Right to Compensation: No clause excludes or limits Privacy's right to compensation for losses caused by User actions or omissions, including third-party claims.
xiv. User Warranties and Risks: Users understand and agree platform use is at their risk, provided “as is” and “as available.”
xv. Disclaimer Regarding Platform Use: By using Privacy, Users agree to indemnify and hold harmless Privacy, its employees, agents, representatives, successors, and assignees from all claims, demands, lawsuits, liabilities, losses, costs, and expenses (including attorney fees) arising from:
- Use of Privacy or its services;
- Any User-created, published, or provided content;
- Any negotiations or interactions between Privacy Users;
- Any violation of Terms of Use or applicable law.
xvi. Independence and Legal Obligations of Users: Privacy's role as intermediary for Influencer/Creator revenue does not establish partnerships, employment, or agency relationships. All parties are independent and responsible for legal and tax obligations, including tax payments. Non-compliance requires indemnification of Privacy for damages and administrative costs.
23. Applicable Law and Dispute Resolution
i. Applicable Law and Jurisdiction: Users and Privacy agree these Terms are governed by Brazilian law to the fullest extent allowed, and disputes will be submitted to competent Brazilian courts.
ii. Local Legislation: Nothing limits rights under mandatory laws of the User's country. Users may invoke local mandatory provisions, including consumer protection and jurisdictional rules in the EU, USA, or other jurisdictions.
iii. Time Limit for Claims or Legal Actions: Except as prohibited by law, claims or actions related to Privacy or these Terms must be filed within 1 (one) year from the event date, or rights are waived.
24. General Provisions
i. Waiver of Rights: No waiver of any Term or condition constitutes a continuing waiver. Failure to exercise rights does not waive them. All ungranted rights remain reserved.
ii. Partial Invalidity: If any clause is invalid, illegal, or unenforceable, it will be limited or removed to keep the rest effective.
25. Sanctions and Procedures for Violations
i. Applicable Measures for Violations: Privacy may apply sanctions ranging from warnings, temporary withdrawal blocks, to account blocking or banning depending on severity and recurrence. Other legal measures may apply.
ii. Account and Fund Blocking: Repeated infractions may lead to temporary profile or withdrawal blocking for 3 to 30 days per infraction. During this, the Influencer/Creator may be removed from platform searches and have funds blocked to ensure compliance.
iii. Account Ban: In extreme cases, Privacy may ban Influencer/Creator profiles for repeated or severe violations threatening community well-being and platform principles, with formal notice.
26. Contact
i. Customer Service: For questions, suggestions, or concerns about Privacy, Users may contact support at suporte@privacy.com.br.