Terms of Use

1. Provider

The App is developed and made available by R BRUN DESENVOLVIMENTO DE SISTEMAS LTDA (“Developer”), a company registered in Brazil.

Contact for any matter relating to these Terms: contato@brunsolutions.com.br.

2. Definitions

In these Terms:

• App: the Brun Stickers software, in any version or platform, including its extensions (such as the iOS Messages extension) and updates.
• Developer: the provider identified in clause 1, as well as its partners, associates, contributors, service providers and any other person involved in developing the App.
• User or you: the individual who downloads, installs, accesses or uses the App.
• User Content: all stickers, packs, images, photos, text, emoji, drawings, files and other material created, imported, edited, stored, exported or shared by the User through the App.
• Backup: the file generated by the App at the User's request containing a copy of User Content, as well as .brunsticker and .brunpack files.
• Third-Party Services: apps, platforms and services not controlled by the Developer, such as WhatsApp, Telegram, Messages (iMessage), the App Store, Google Play, Google AdMob, cloud storage services and file managers.

3. Acceptance and eligibility

3.1. Using the App means fully accepting these Terms, in the version in force on the date of use.

3.2. The App is intended for people aged 13 or over. Users under 18 may only use it with the permission and under the supervision of their parents or legal guardians, who are responsible for the minor's actions under applicable law.

4. License

4.1. The Developer grants the User a personal, limited, free, non-exclusive, non-transferable, non-sublicensable and revocable license to use the App, solely for personal and non-commercial purposes, under these Terms and the rules of the app store from which it was obtained.

4.2. These Terms do not transfer any ownership of the App to the User. All rights not expressly granted are reserved by the Developer.

5. Prohibited conduct

The User must not, among other conduct contrary to the law or to these Terms:

• Copy, modify, decompile, reverse engineer or attempt to extract the App's source code, except to the extent expressly permitted by law;
• Sell, rent, sublicense, redistribute or commercially exploit the App or any part of it;
• Remove, hide or circumvent the App's ads, rights notices or consent mechanisms;
• Use the App for any unlawful or fraudulent purpose, or in a way that infringes the rights of others;
• Use the App in a way that could damage it, overload it or impair its operation.

6. User Content and sole responsibility

6.1. The User is solely and exclusively responsible for all User Content, including its creation, origin, lawfulness, accuracy, use, storage, export and sharing, including through Third-Party Services.

6.2. By using any image, photo, text, trademark, character or other material to create stickers, the User represents and warrants that they hold the necessary rights or have permission from whoever holds them, including the image rights of any person depicted.

6.3. The Developer, its partners, associates, contributors and any person involved in developing the App do not produce, edit, review or approve User Content and are not, under any circumstances, responsible for it or for any use of it by the User or by third parties.

6.4. User Content belongs to the User or to its rightful owners. The Developer claims no rights over it.

7. Prohibited content

Using the App to create, store or share content that does any of the following is expressly prohibited:

• Is unlawful in Brazil or wherever it is accessed or shared;
• Infringes the copyright, trademarks or other intellectual property rights of others, including under Brazilian Law No. 9,610/1998 (Copyright Law) and Law No. 9,279/1996 (Industrial Property Law);
• Infringes the image, honor, privacy or personal data rights of others, including under the Brazilian Civil Code (arts. 11 to 21) and Law No. 13,709/2018 (LGPD);
• In any way involves explicit sexual or pornographic scenes with children or adolescents, or sexualizes minors, which is a crime under arts. 240 to 241-E of Law No. 8,069/1990 (Statute of the Child and Adolescent);
• Discloses intimate or nude images of any person without their consent;
• Practices or incites discrimination or prejudice based on race, color, ethnicity, religion, national origin, gender or sexual orientation (Law No. 7,716/1989), or incites violence;
• Contains threats, harassment, slander, libel or insults;
• Glorifies crime or criminals, or spreads false information capable of harming others.

Any unlawful or infringing content, and every image or material used to create stickers, is the sole and exclusive responsibility of the User, who will be civilly and criminally liable for it.

8. Private and local nature of content

8.1. The App works locally on the User's device. User Content is stored only on that device and is not sent to, hosted, stored or accessed by the Developer.

8.2. For this reason, the Developer does not own User Content, has no access to it and has no technical means to view, monitor, moderate, remove or regulate it. The Developer therefore exercises no editorial control over User Content.

8.3. The processing of personal data in connection with the App is described in the Privacy Policy.

9. Storage, backups and data loss

9.1. The App does NOT automatically back up User Content, either to the Developer's servers or to any cloud service.

9.2. The App provides tools for the User to create, keep and restore their own Backups. Whether to make Backups, how often, where they are kept, and their security and integrity are the User's sole responsibility.

9.3. User Content may be permanently lost, among other cases, if the App is uninstalled, if the device is reset, lost, stolen or damaged, or if the User restores a Backup, which replaces the content in the App. The Developer has no way to recover lost content.

9.4. The Developer is not responsible for Backups that are lost, corrupted, damaged, incomplete or modified, whether by the User or by any Third-Party Service (such as cloud services, file managers or messaging apps), nor for the consequences of restoring a modified or damaged Backup, which may fail or produce unexpected results.

9.5. The User is advised to make Backups regularly and to keep more than one copy in different places.

10. Third-Party Services

10.1. The App lets the User send stickers to Third-Party Services. Once sent, the content is handled by those services under their own terms and policies, which the User must observe.

10.2. The Developer does not control Third-Party Services and is not responsible for their availability, operation, changes, refusal of sticker packs, removal of content or any acts or omissions of those services.

11. Advertising

11.1. The free version of the App may show ads provided by third parties, such as Google AdMob, in accordance with the Privacy Policy and the User's consent choices.

11.2. The content of ads, and the products and services advertised, are the responsibility of the respective advertisers. Any dealings between the User and an advertiser are solely between them.

12. Intellectual property in the App

The App, including its code, design, interface, the Brun Stickers brand, logos, icons and text, belongs to the Developer or its licensors and is protected by Brazilian Law No. 9,609/1998 (Software Law), the Copyright Law and the Industrial Property Law. Any use not expressly authorized in these Terms is prohibited.

13. Availability, updates and discontinuation

The Developer may, at any time and at its discretion, change, update, suspend or discontinue the App or any feature, in whole or in part, without this giving rise to any compensation. Some features may require updating the App or the device's operating system.

14. Disclaimer of warranties

To the maximum extent permitted by applicable law, the App is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of uninterrupted or error-free operation, compatibility with any device or Third-Party Service, or fitness for a particular purpose.

15. Limitation of liability

15.1. To the maximum extent permitted by applicable law, the Developer, its partners, associates, contributors and any person involved in developing the App will not be liable for:

• User Content and its use, disclosure or sharing by the User or by third parties;
• The loss, corruption or modification of User Content or Backups, in the cases described in clause 9;
• Acts, omissions, failures or unavailability of Third-Party Services and advertisers;
• Damage arising from use of the App contrary to these Terms or to the law;
• Indirect, incidental, special or consequential damages, including loss of profits, data or opportunities.

15.2. Nothing in these Terms excludes or limits rights that cannot be waived by contract, in particular those guaranteed by Brazilian Law No. 8,078/1990 (Consumer Protection Code) or the consumer laws of your country, nor any liability that cannot be limited by law.

16. Indemnification

The User agrees to indemnify and hold harmless the Developer, its partners, associates and contributors from any claims, demands, losses, damages, fines, costs and expenses, including legal fees, arising from User Content, from the User's breach of these Terms, or from the User's infringement of the rights of others or of the law.

17. Term and termination

17.1. These Terms remain in force for an indefinite period while the User uses the App. The User may stop using it at any time by uninstalling the App, which deletes the User Content stored in it, except any Backups the User has kept.

17.2. The license ends automatically if these Terms are breached. Clauses that by their nature should survive termination, such as clauses 6, 7, 9, 14, 15 and 16, remain in force.

18. Changes to these Terms

The Developer may change these Terms at any time by publishing the new version on this page with its update date. Significant changes may also be announced in the App's release notes. Continuing to use the App after publication means accepting the new version.

19. General provisions

19.1. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force.

19.2. Failure to enforce any provision does not constitute a waiver of it.

19.3. These Terms, together with the Privacy Policy, are the entire agreement between the User and the Developer regarding use of the App.

19.4. The User may not assign their rights or obligations under these Terms. The Developer may assign them, including in the event of a corporate reorganization or transfer of the App.

19.5. If versions of these Terms in different languages conflict, the Portuguese version prevails.

20. Governing law and jurisdiction

20.1. These Terms are governed by the laws of the Federative Republic of Brazil, in particular Law No. 12,965/2014 (Brazilian Internet Civil Framework), Law No. 13,709/2018 (LGPD) and Law No. 8,078/1990 (Consumer Protection Code), without prejudice to mandatory consumer protection rules of the User's country of residence.

20.2. Any dispute arising from these Terms will be settled in the courts of the User's place of residence, in accordance with the Consumer Protection Code.

21. Contact

Questions, requests or notices relating to these Terms should be sent to contato@brunsolutions.com.br.