Version: 1.1 updated on 01/12/2023
1. Initial Provisions:
The IDEATEC SOLUÇÕES DIGITAIS LTDA-EPP, CNPJ 30.715.703/0001-65, holds the rights of use and intellectual property of the Pride Love application (brand, domain, logo, and all content of the service provision), which was created to preferably provide interaction and relationship services for the LGBTQIA+, and similar audience, using the available information technologies.
Aware of the rapid changes and development in informatics, the Pride Love application intends to keep up with new technologies to provide comfort, a better experience, and full satisfaction to its users.
To make it legally possible, these Terms and Conditions of Use and the use of the Pride Love application were created in accordance with Brazilian constitutional and legal dictates, principles, and values, such as constitutional principles, Civil Code, laws, regulations, guarantees, rights, and duties for the use of the Internet in Brazil, among others.
Users will thus be aware of the connection between the world of facts and the world of law that will govern the contractual relationships between the Pride Love application and its Users. This is based on these Terms and Conditions of Use, in accordance with the Validity, Existence, and Effectiveness plans of this contract. The principles of autonomy of will, contractual relativity, and pacta sunt servanda will also be respected. Users will be subjected to the principles of good faith, both subjective and objective.
2. Contracting Modalities:
Contracting users can use the Pride Love application through 02 (two) non-cumulative modalities at their discretion: Basic User: without payment of a monthly fee and free of charge, or Premium User: subject to the payment of a monthly fee with plans, values, and benefit packages provided by the Pride Love application.
The values and duration of the plans contracted by Premium Users will be clearly presented to the contracting user at the time of contracting and can be consulted at any time during their validity through the “My Plan” menu within the application itself.
The benefit packages offered to Premium Users (paying) will always aim to provide them with a better user experience during the validity of their contracted plans by offering differentiated advantages compared to Basic Users (non-paying). New benefits may be included, existing benefits may be excluded or replaced at any time and in any location at the discretion of the administrators of the Pride Love application, without the need for prior communication to users. There must always be a minimum of 03 (three) advantages offered simultaneously to Users who choose paid subscription, to configure the Premium benefits package offered to these customers at the discretion of the Pride Love application.
Voluntary disconnection of the Premium User from the Pride Love application, for whatever reason it may occur, provided that it does not violate the provisions of these Terms and Conditions, shall not entitle the user to any rights regarding the refund of amounts paid, due, or to be paid for plans contracted by the user at any time and location.
The disconnection of the Premium User from the Pride Love website/application due to the user’s violation of any provisions of these Terms and Conditions of Use or improper conduct will be carried out by the Pride Love application itself and shall not entitle the user to any rights regarding the refund of amounts paid, due, or to be paid for plans contracted by the user at any time and location. It also does not depend on prior notification from the Pride Love application to the infringing user of these Terms and Conditions of Use.
3. Assent and Agreement to these Terms and Conditions of Use:
Upon registration, the user shall declare that they have read the clauses, responsibilities, and understand all the Terms and Conditions of Use of the Pride Love application, which shall have immediate validity from the moment of registration and initial access to the application.
Periodically, updates to these Terms and Conditions of Use may occur for their normal adjustment, for legal reasons, including significant changes that may affect rights or obligations. Therefore, the service user must periodically consult the Terms and Conditions of Use of the Pride Love application, and their continued use of the services implies their unequivocal agreement to such changes. The user’s continued use of the services shall be deemed a declaration that they adhere to all new terms, clauses, and conditions.
The user shall be notified by the Pride Love application or registered email whenever the Pride Love application deems it necessary. Therefore, it is the user’s obligation to always keep their information up-to-date, and the service provider company shall be released from any responsibilities for their omission in not keeping their registration and contact information updated.
4. Capacity and Interaction with Users:
To be a user of the Pride Love application, full legal capacity is absolutely necessary, with a minimum age of 18, and the user declares that they are authorized to perform all civil acts.
The user declares and confirms that they are over 18 years old, will comply with this contract and its provisions and conditions of use, in accordance with all Brazilian legislation, regulations, and norms.
The user declares and confirms that they have not been convicted of any conduct prohibited by Brazilian laws, such as crimes related to sexual offenses, homophobia, sexual violence, sexual harassment, racism, or any form of intolerance towards religious beliefs, in accordance with the Federal Constitution and Brazilian legislation.
The user is aware that these declarations aim to bind them as the sole civilly and criminally responsible party for their interactions with other users, as the Pride Love application does not conduct criminal background checks on any users, only conducting investigations and verifications related to the conduct of users within the virtual community referred to in these Terms and Conditions of Use, including accessing the content of conversations, posts, and user registration data at any time, being fully authorized by the user to do so, solely to identify any conduct that violates any provisions of this contract.
The Pride Love application reserves the right to automatically block profiles that receive reports from more than one user. If a user disagrees with the automatic block performed by the software, the blocked user should contact the support team via email at [email protected] to contest the accusations made against them. In this case, the Pride Love team will verify the validity of the accusations within 15 business days. If no violations of the provisions described in these Terms and Conditions are found, the profile will be unblocked, and for Premium users (paying), restitution will be made in the form of additional Premium usage days corresponding to the number of days the user’s profile was improperly blocked.
Pride Love completely exempts itself from any civil and criminal liability arising from false, defamatory, or slanderous reports made by users within the Pride Love platform. Responsibility for the automatic block generated as a result of the report, including in cases of unfounded, slanderous, or defamatory reports of any kind or nature, shall be borne solely by the reporting users. The Pride Love application is solely responsible for verifying the validity or invalidity of the report within the specified period and for unblocking or not unblocking the reported profile.
Pride Love respects the social inclusion of all individuals regardless of their religious belief, sex, gender, or race.
5. Registration on the Pride Love Application:
Upon joining, the user’s authorization for the use of the information provided during registration and those related to filling out their profile information with the Pride Love application shall be considered granted. The user commits to providing true, accurate, and current information and to keeping it up-to-date.
The user is responsible for maintaining their login, passwords, email, and other credentials used to connect to the Pride Love application. The user bears full responsibility for the security and confidentiality of their password and login.
The user must always check their email for notifications, data confirmation, registration, or corrections that the Pride Love application deems necessary to send. This includes checking their spam folder or any other filters and allowing emails from Pride Love at [email protected].
The user’s profile is personal, individual, and non-transferable, limited to one profile per email or other chosen media for registration.
The registered email will be used for the site to send any and all information related to the contractual relationship and its proper development. The user elects and certifies it as appropriate.
The login, name, entered data, photographs, and publications of any nature entered in the user’s profile must not, under any circumstances, contain images, words, or names that are illegal, violate morality and good manners, promote any criminal activities, or in any way infringe upon religious freedom.
If, for any reason, the user believes that someone else has gained access to their account, they must immediately contact Pride Love via email at [email protected] to report the incident and request necessary actions.
6. Account Deletion and User Data:
All users of the Pride Love application have the complete freedom to delete their account and, consequently, the associated data at any time.
The user can delete their account and their data from the Pride Love application through the application itself. The detailed steps for the account deletion process are described at the following link: https://pridelove.app/account-and-data-deletion/
If preferred, the user can request the deletion of their account and data by emailing [email protected]. In this case, the Pride Love team will request some data for confirmation that the account belongs to the user requesting the deletion of the account and data.
After the user deletes their account, all data that may identify the user is permanently deleted from the database servers, including name and email. Some non-identifying information may remain stored in the database for the purpose of generating statistics, data analysis, and other uses by the company that owns the Pride Love application (IDEATEC SOLUÇÕES DIGITAIS LTDA).
7. Service Provision:
The Pride Love application aims to provide a service for interaction and relationships among the LGBTQIA+ and similar audience (respecting their beliefs), whether free or paid (Basic or Premium User), at the discretion of the user and subject to acceptance by the administrators of the Pride Love website/application.
We seek to promote the comfort and satisfaction of users and aim for the well-being of all, free from prejudices of origin, religious creed, race, sex, gender, color, age, and any other forms of discrimination.
Always respecting the autonomy of the users’ will and relying on honesty, objective and subjective good faith, the Pride Love application makes it clear that it shall not have any responsibility for what originates from conversations, unfounded or defamatory reports within or outside the Pride Love platform, personal encounters and interactions between its users, or any form of material or moral damage resulting from interactions between users, all within the limits of the social function of the contract.
8. Service Changes and Terminations:
Over time, technological feature innovations may be added to the Pride Love application with the aim of improving the product and services provided. If these innovations do not affect rights and obligations, they may not necessarily be subject to notification or any prior notice from the Pride Love application to the users.
The Pride Love application reserves the right to cancel the provision of free services (Basic Users) without the need for prior notice; this is a clear resolutory clause. The Pride Love application also reserves the right to cancel the provision of paid services (Premium Users) with a proportional refund of the amounts paid by users of this modality.
The user, at their discretion, may terminate this contract at any time, regardless of the reason, by simply deleting their account/profile within the application itself. The user shall not be entitled to any rights regarding the refund of amounts paid, due, or to be paid for plans contracted by the user at any time and location.
The responsibility for the suspension and/or cancellation of the Premium subscription (paid) carried out by the users themselves lies entirely with them. Users must access the Google Play platform to suspend and/or cancel the subscription and any future recurring payments.
If the administrators of the Pride Love application deem that there has been any violation of these Terms and Conditions of Use, they may proceed with the cancellation of accounts for both Basic (free) and Premium (paying) users without refunding any amounts paid for plans contracted by the user at any time and location, even without prior notice, thus terminating this Contract.
9. Personal Rights and Grants from the Pride Love Application to Users:
The user is granted an exclusive license to enable them to have a personal and enjoyable experience of the services provided by the Pride Love application, and therefore agrees to use it:
9.1. personally and non-commercially, except with the express authorization of the Pride Love application;
9.2. in compliance with copyright law, LAW NO. 9.610/1998;
9.3. not sending viruses, cookies, or other malicious code that may compromise the security and privacy of other users and the Pride Love application itself;
9.4. without disrupting the services of the site / Pride Love, its servers, and technological equipment;
9.5. granting the Pride Love application permission to use the data and media provided by the user in accordance with our privacy policy https://pridelove.app/privacy-policy/;
9.6. that the user, in communication with representatives, third-party companies, third parties, or partners of the Pride Love application, must maintain decorum, and in any way, they shall have the obligation to conduct themselves in accordance with morality and good manners, which are the social cushions for harmonious coexistence among users of this virtual community. They must always act respectfully, regardless of any circumstances; otherwise, they will be excluded for exhibiting unexpected behavior in a LGBTQIA+ relationship app like Pride Love, without prior notice.
The Pride Love application may use its platform for the promotion, advertising, and publicity of any of its services, third parties, partners, advertisements, links, advertiser campaigns, and more. Therefore, the user of the application declares, at the time of registration and first access, that they agree to this use, and it is clear that the Pride Love application has no responsibility when it comes to the use or acquisition of products or services by users from advertisers, partners, or third parties. Additionally, even if the user accesses another site through links provided by the Pride Love application, the resulting legal relationship will not include Pride Love and will only affect the user and the accessed site;
The user authorizes the Pride Love application to send emails with data and disclosures of any kind, including those from third parties, partners, and advertisers that they may find of interest;
10. Obligations and Rules of Use:
Within our virtual community, users commit to respecting each other and complying with the rules contained in the provisions of these Terms and Conditions of Use, especially moral, good manners, and good conduct rules, using the services provided by the Pride Love application for healthy relationships among people. If they act otherwise, they will be solely legally responsible for their actions, and users must:
10.1. Always use their own account and not the accounts of other users or people;
10.2. Use the application for its intended purpose;
10.3. If they have access to other users’ data, maintain the discretion of this data, not disclosing it, in whole or in part, to third parties;
10.4. Maintain honest intentions and integrity of users, the Pride Love application, and its partners;
10.5. Not include in profiles: emails, referrals, addresses, phone numbers, or any other information that could allow the identification and communication between users who have not matched;
10.6. Not download or post on the site any photographs with sexual insinuations, illicit content in any form, or photos of third parties;
10.7. Photographs must be personal and clear;
10.8. Photographs must not contain nudity or expose intimate parts of the body; if they do, they will be promptly deleted without prior notice to the virtual community user;
10.9. Keep personal data and information up to date;
10.10. Do not disclose content in their profile that violates Brazilian criminal laws, especially content related to pedophilia, racism, prejudice, discrimination, defamation, slander, hate crimes, violations of religious freedom, or that violate human dignity;
10.11. The application may carry out advertising, marketing, or advertising for any product, industry, trade, or business;
10.12. The community user is prohibited from providing false or untrue information, or failing to tell the truth. They are not allowed to use the Pride Love application for any commercial purpose, promotion, advertising, or marketing of any type of product, service, including for profit or even free, without prior authorization from the application administrators;
10.13. Do not threaten or intimidate any virtual community user under any pretext;
10.14. Do not insert content that violates the rights of another person, especially those contained in Law No. 9.610 of 1998, which deals with copyright, trademark, or any other;
10.15. If an account is banned or suspended due to a violation of the rules of this application, the user may not create another account and will not be entitled to a refund of any amounts paid for the contracted Premium plan, except with the express acceptance and agreement of the Pride Love application;
10.16. Any user who notices, verifies, or perceives any violation of rights, fraud, or violation of these Terms and Conditions of Use should report it within the application itself, being aware that the reports they make may result in the automatic blocking of the reported user. The reporting user will be solely and exclusively responsible for any civil and/or criminal consequences arising from unfounded, slanderous, or prejudiced reports;
10.17. The reporting user will be responsible for the truthfulness of the information provided in the report, which may result in the possible automatic blocking of the reported user.
11. Intellectual Property Rights:
As mentioned at the beginning, IDEATEC SOLUÇÕES DIGITAIS LTDA-EPP is the sole owner of the rights to use and intellectual property of the Pride Love website/application, brand, domain, logo, and all content related to the provision of these services.
Therefore, copying, exploiting, reproducing, transmitting, publishing, distributing, licensing, or any other personal or commercial use of its content is expressly prohibited without the express authorization of IDEATEC SOLUÇÕES DIGITAIS LTDA-EPP.
12. Jurisdiction:
These Terms and Conditions of Use constitute a service contract between the Pride Love application and its users in order to promote interactions and relationships over the Internet.
Considering that since the year 2006 there has been a law on the computerization of judicial processes over the Internet, Law No. 11.419/2006, making it feasible to use electronic means in the processing of judicial proceedings, communication of acts, and transmission of court documents, in order to achieve equality, isonomy, and parity of rights and obligations, and in compliance with the principles of speed and procedural economy, the Regional Forum XV Butantã in São Paulo/SP will be chosen to settle any disputes arising from these Terms and Conditions of Use, as it has been electronic since its inception.
13. Final Provisions:
These Terms and Conditions of Use will be subject to Brazilian constitutional and legal mandates and will also comply with international treaties to which Brazil is a signatory.
If any provision of this Agreement is deemed ineffective or invalid, the other provisions will remain unchanged and in full force and effect.
The user of the Pride Love application agrees to the Terms and Conditions of Use, subjecting themselves to its legal effects from the moment of their registration and initial use. They declare their agreement with everything described above at the time of their registration and first access, committing to periodically consult these Terms and Conditions and thus remain aware of any updates without the need for prior notice from Pride Love.
The user declares that they have read, understood, and agreed to all the terms, conditions, and provisions for using the Pride Love Application, being aware that they fit and accept all of its clauses and conditions of use.