TERMS AND CONDITIONS
General terms and conditions of use (and purchase and sale) of the OU website OR BRAINFLU application.
BRAINFLU services are provided by a legal entity OR individual with the following corporate name/name: Guilherme da Cruz Brigadeiro with trade name BRAINFLU, registered with CNPJ/CPF under number 40.577.881 / 0001-22, owner of intellectual property on software , website, applications, content and other assets related to the BRAINFLU platform.
1. The object
The platform aims to license the use of its software, website, applications and other intellectual property assets, providing tools to assist and streamline the daily lives of its users.
The platform is characterized by the provision of the following service: sales of images, photos, management in social networks, marketing planning, marketing and sales.
The platform conducts the distance selling by electronic means of the following products or services: image creation, image editing, video editing, video creation, media planning, social media marketing, filter sales, plan subscriptions, sales packages, advice.
This Term establishes contracted obligations of free and spontaneous will, for an indefinite period, between the platform and individuals or legal entities, users of the OU site OR application.
When using the platform, the user fully accepts these rules and undertakes to observe them, under the risk of applying the applicable penalties.
Acceptance of this instrument is essential for accessing and using any services provided by the company. If you do not agree with the provisions of this instrument, the user should not use them.
3. User access
All technical solutions available to the person in charge of the platform will be used to allow access to the service 24 (twenty four) hours a day, 7 (seven) days a week. However, navigation on the platform or on any of its pages may be interrupted, limited or suspended for updates, modifications or any action necessary for its proper functioning.
Access to the platform's features will require prior registration and, depending on the services or products chosen, payment of a certain amount.
When registering, the user must inform complete, recent and valid data, being his exclusive responsibility to keep these data updated, as well as the user is committed to the veracity of the data provided.
The user undertakes not to inform his/her registration data and/or access to the platform to third parties, being fully responsible for the use made of them.
Minors under 18 years old and those who do not have full civil capacity must first obtain the express consent of their legal guardians to use the platform and the services or products, with their exclusive responsibility for any access by minors and those who do not. have full civilian capacity without prior authorization.
By completing the registration, the user expressly declares and guarantees to be fully capable, being able to freely exercise and enjoy the services and products.
The user must provide a valid e-mail address, through which the website will carry out all necessary communications.
After confirming the registration, the user will have a login and a personal password, which ensures the user individual access to it. In this way, the user is solely responsible for maintaining that password in a confidential and secure manner, avoiding improper access to personal information.
Any and all activities carried out using the password will be the responsibility of the user, who must promptly inform the platform in case of misuse of the respective password.
It will not be allowed to assign, sell, rent or transfer, in any way, the account, which is personal and non-transferable.
It will be the user's responsibility to ensure that their equipment is compatible with the technical characteristics that enable the use of the platform and services or products.
The user may, at any time, request the cancellation of his registration with the website OR BRAINFLU application. Your unsubscription will be carried out as soon as possible, as long as open debits are not verified.
5. Services or products
The platform may provide the user with a specific set of features and tools to optimize the use of services and products.
On the platform, the services or products offered are described and presented with the highest degree of accuracy, containing information about their characteristics, qualities, quantities, composition, price, guarantee, validity and origin, among other data, as well as the risks that present to the user's health and safety.
Before finalizing the purchase on a certain product or service, the user must be informed about its specifications and its destination.
The delivery of services or products purchased on the platform will be informed at the time of finalizing the purchase.
The platform reserves the right to unilaterally readjust, at any time, the values of services or products without consultation or prior consent of the user.
The applied values are those that are in force at the time of the order.
Prices are quoted in reais and do not include delivery charges, which are specified separately and are informed to the user prior to finalizing the order.
When hiring a specific service or product, the platform may request the user's financial information, such as CPF, billing address and card data. By inserting said data the user agrees that the prices then in force and informed when contracting will be charged, according to the form of payment that will be chosen. These financial data can be stored to facilitate access and future hiring.
The contracting of services will be automatically renewed by the platform, regardless of communication to the user, by periodically charging the same form of payment indicated by the user when contracting the service.
The user may cancel the contracting of the services according to the terms that are defined at the time of contracting. In addition, the user can also cancel the services within 7 (seven) days after contracting, by contacting BRAINFLU, in accordance with the Consumer Protection Code (Law No. 8,078/90).
The service may be canceled by:
a) part of the user: under these conditions, services will only cease when the current cycle at the time of cancellation is completed;
8. Exchange and return
The platform's exchange and return policy is governed by the Consumer Protection Code (Law No. 8,078/90).
The exchange and/or return of the product may occur by:
a) right of repentance;
b) product addiction.
In case of regret, the user may return the product within 7 (seven) days after receiving it, by contacting BRAINFLU, in accordance with the Consumer Protection Code (Law No. 8,078 / 90).
In case of product defect, defects of quality or quantity that make the product unsuitable or unsuitable for the consumption for which it is intended or that decrease its value must be verified. In addition, products or services that differ from the indications on the platform at the time of purchase or packaging may be exchanged or returned, respecting variations arising from their nature.
The user must contact BRAINFLU as soon as the addiction is verified. If, within a maximum period of 30 (thirty) days, it is not possible to resolve the defect or, regardless of this period, the replacement of the addicted parts may compromise the quality or characteristics of the product or service, decrease its value or be a product or essential service, the user may choose to substitute the product for another of the same kind or to re-perform the service, by returning the amounts paid or by proportional reduction of the price.
In case of any doubt, suggestion or problem with the use of the platform, the user may contact the support through the email firstname.lastname@example.org .
These user support services will be available on the following days and times: Monday to Friday from 9 am to 6 pm, on Saturdays from 11 am to 5 pm.
It is the user's responsibility to:
a) defects or technical defects originating in the user's own system;
b) the correct use of the platform, the services or products offered, valuing good coexistence, respect and cordiality among users;
d) for the protection of your account / profile access data (login and password).
The BRAINFLU platform is responsible for:
a) indicate the characteristics of the service or product;
b) the defects and defects found in the service or product offered, as long as it has given cause to it;
c) the information that was disclosed by him, and the comments or information disclosed by users are the sole responsibility of the users themselves;
d) the illegal content or activities practiced through its platform.
The platform is not responsible for external links contained in its system that may redirect the user to the external environment of its network.
External links or pages that serve for commercial or advertising purposes or any illegal, violent, controversial, pornographic, xenophobic, discriminatory or offensive information may not be included.
This Term of Use grants users a non-exclusive, non-transferable and non-sublicensable license to access and make use of the platform and the services and products made available by it.
The structure of the website or application, the brands, logos, trade names, layouts, graphics and interface design, images, illustrations, photographs, presentations, videos, written and sound and audio content, computer programs, databases, files transmission and any other information and intellectual property rights of the BRAINFLU corporate name, subject to the terms of the Industrial Property Law (Law No. 9.279/96), Copyright Law (Law No. 9.610/98) and Software Law (Law No. 9.609/98), are duly reserved.
The use of the platform by the user is personal, individual and non-transferable, and any unauthorized, commercial or non-commercial use is prohibited. Such uses will consist of a violation of the intellectual property rights of the BRAINFLU corporate name, punishable under the terms of the applicable legislation.
Without prejudice to other applicable legal measures, the corporate name BRAINFLU may, at any time, warn, suspend or cancel the user's account:
a) that violate any provision of this Term;
b) to fail to comply with their user duties;
c) who has any fraudulent, willful or offensive behavior to third parties.
Failure to comply with the obligations agreed in this Term of Use or applicable legislation may, without prior notice, give rise to the immediate unilateral termination by the BRAINFLU corporate name and the blocking of all services provided to the user.
The items described in this instrument may change, unilaterally and at any time, by BRAINFLU, to adapt or modify the services, as well as to meet new legal requirements. The changes will be broadcast OR on the website OR on the BRAINFLU application and the user can choose to accept the new content or cancel the use of the services, if he subscribes to any service.
The services offered may, at any time and unilaterally, and without any prior notice, be stopped from providing, altered in their characteristics, as well as restricted for use or access.
16. Of the forum
For the settlement of disputes arising from this instrument, Brazilian law will be fully applied.
Any disputes must be submitted in the jurisdiction of the district in which the company's headquarters are located.