Terms of Service

1. Definitions

• Platform: the web application and associated services operated under the DateCerto brand.
• User: any individual who registers and uses the Platform.
• Content: text, images, photos, videos, messages, and any other materials posted by the User on the Platform.
• Services: features offered by the Platform, including profile creation, search, matching, messaging, and ads.
• Controller: the legal entity responsible for personal data processing, as defined in Article 5(VI) of the LGPD.
• Sensitive Data: personal data concerning sexual orientation, sexual life, biometric data, and other categories defined in Article 5(II) of the LGPD.

2. Acceptance of Terms

By accessing or using the Platform, the User agrees to be bound by these Terms of Service. If you do not agree with any provision, you must not use the Platform.

Electronic acceptance of these Terms has the same legal validity as a handwritten signature, pursuant to Articles 107 and 428 of the Brazilian Civil Code and Article 10, §2, of Provisional Measure No. 2,200-2/2001.

3. Eligibility

The Platform is exclusively for individuals aged 18 (eighteen) years or older. Access or registration by anyone under 18 is strictly prohibited.

In compliance with Law No. 2,628/2022 (Digital Statute for Children and Adolescents), the Platform employs age verification mechanisms beyond simple self-declaration, which may include ID document verification and other technological methods.

The User declares that they have full legal capacity to enter into this agreement, pursuant to Articles 1 and 2 of the Brazilian Civil Code.

The Platform is primarily directed at Users located in Brazil and is governed exclusively by Brazilian law.

4. Account Registration

To use the Services, the User must create an account providing truthful, complete, and up-to-date information. Providing false information may result in account suspension or termination.

• The User is responsible for the accuracy and currency of their registration data and agrees to update it whenever necessary.
• Each individual may maintain only one account on the Platform. Creating multiple accounts is prohibited and may result in the termination of all associated accounts.
• The User is responsible for the security and confidentiality of their access credentials (email and password). Any activity performed through the account is the responsibility of the account holder.
• The Platform may request identity verification through an official photo ID and selfie at any time for security purposes.

5. Service Description

The Platform provides a digital environment for connections between adults, based on mutual consent, respect, and safety.

The Platform offers a free tier with essential features and premium plans with additional capabilities. Details of each plan and pricing are available on the subscription page.

The Platform adopts a safety-first approach that prioritizes women's experience, allowing verified women to initiate conversations freely without requiring a prior mutual match.

6. User Content

The User retains all intellectual property rights over Content they post on the Platform.

By posting Content, the User grants the Platform a limited, non-exclusive, and revocable license to display, store, and process the Content exclusively within the Platform and for the provision of Services. This license is neither perpetual nor irrevocable.

Upon account deletion or removal of specific Content, the license will terminate and the Content will be removed from active systems within 30 (thirty) days, except for legally mandated retention obligations.

Publishing Content that violates third-party rights, applicable law, or these guidelines is prohibited. The Platform reserves the right to remove Content that violates these provisions.

7. Prohibited Conduct

The following conduct is expressly prohibited on the Platform:

1. Publishing, sharing, or soliciting content involving anyone under 18 years of age, in any context.
2. Publishing or sharing intimate content without the express consent of all individuals depicted.
3. Harassing, threatening, intimidating, or stalking other Users, including sending unwanted messages after being asked to stop.
4. Using the Platform for illegal purposes, including but not limited to drug trafficking, money laundering, and fraud.
5. Commercial sexual exploitation in any form that violates Brazilian law.
6. Recruitment or trafficking of persons, as defined in Article 149-A of the Brazilian Penal Code.
7. Impersonating another person, using third-party photos without authorization, or creating fake profiles.
8. Sending spam, unauthorized commercial advertising, or automated content (bots).
9. Collecting, extracting, or mining data from other Users by any automated means.
10. Circumventing or attempting to bypass the Platform's security, verification, or moderation mechanisms.

8. Non-Consensual Intimate Content

The Platform has zero tolerance for the dissemination of non-consensual intimate content, in compliance with Law No. 13,718/2018 and Article 21 of the Marco Civil da Internet (Law No. 12,965/2014).

• The Platform provides a specific and accessible reporting mechanism for victims of non-consensual intimate content dissemination.
• Upon notification by the affected party or their legal representative, the reported content will be removed on an urgent basis, pursuant to Article 21 of the Marco Civil da Internet, under penalty of the Platform's subsidiary liability.
• The Platform will preserve evidence related to reported content for potential cooperation with competent authorities.
• Cases of non-consensual intimate content may be reported to law enforcement and the Public Prosecutor's Office, according to severity.

9. Content Moderation

The Platform moderates Content through automated systems and human review, in accordance with the Brazilian Supreme Court (STF) guidelines on digital platform liability.

Content that violates these Terms may be removed at any time. The User will be notified of the removal and the corresponding reason.

The User has the right to appeal moderation decisions through the Platform's appeal system, within 15 (fifteen) days from the removal notification.

The Platform commits to transparency in moderation processes, publishing periodic reports on report volumes and actions taken.

10. Platform Safety

The Platform offers safety tools to Users, including: blocking other Users, reporting system, identity verification, and granular privacy controls.

The User is responsible for their own safety in interactions with other Users, especially in-person meetings. The Platform recommends always informing trusted individuals about meetings and choosing public locations.

The Platform does not conduct criminal background checks on Users. Identity verification only confirms the declared identity, not the User's history or character.

11. Subscriptions and Payments

Premium plan pricing is displayed clearly and completely before purchase, including the total amount, billing frequency, and any promotional conditions, in compliance with the Consumer Protection Code (Law No. 8,078/1990) and Decree No. 7,962/2013.

Payments are processed through a third-party provider (Segpay), which operates with encryption and in compliance with PCI-DSS standards. The Platform does not store credit card data.

Subscriptions automatically renew at the end of each period. The User will be notified at least 5 (five) days before each renewal, including the amount to be charged.

The Platform accepts payments via PIX and other payment methods available in Brazil.

12. Right of Withdrawal

In compliance with Article 49 of the Consumer Protection Code, a User who purchases a premium plan has the right to cancel within 7 (seven) days from the subscription date, without the need for justification.

If the right of withdrawal is exercised within the legal period, the User will receive a full refund of the amount paid, using the same payment method, within 10 (ten) business days.

To exercise the right of withdrawal, the User may: (i) use the cancellation option in account settings; (ii) send a request by email to the address indicated in the Contact section of these Terms.

13. Cancellation

Subscription cancellation may be performed at any time, simply and accessibly, through account settings. The cancellation process cannot be more complex than the subscription process, pursuant to Decree No. 7,962/2013.

After cancellation, the User will retain access to the subscribed plan until the end of the already-paid period. User data will be handled according to the Privacy Policy.

For annual plans cancelled after the 7-day withdrawal period, no pro-rata refund will be issued, except as required by law.

14. Intellectual Property

The DateCerto brand, logo, design, source code, features, and other Platform elements are the exclusive property of the Controller and protected by Brazilian intellectual property law.

The User receives a limited, personal, non-exclusive, and non-transferable license to use the Platform according to these Terms.

The User is prohibited from: reproducing, modifying, decompiling, or reverse-engineering the Platform; using the Platform's brand or visual elements without prior written authorization.

15. Limitation of Liability

The Platform is provided on an 'as is' basis. While we take reasonable measures to ensure the quality and safety of Services, we do not guarantee that the Platform will be free from errors, interruptions, or security flaws.

The Platform is not liable for damages arising from interactions between Users, whether online or in person. The Platform acts as a technological intermediary and does not participate in relationships between Users.

The Platform's total liability, when applicable under consumer protection law, shall not exceed the amount actually paid by the User in the 12 (twelve) months preceding the event giving rise to the claim, subject to the consumer's non-waivable rights under the Consumer Protection Code.

16. Suspension and Termination

The Platform may suspend or terminate a User's account in the following cases: violation of these Terms; conduct posing a risk to other Users' safety; court order; or prolonged inactivity exceeding 12 (twelve) months.

Except in cases of serious violations (content involving minors, non-consensual content, threats), the Platform will adopt proportional and graduated measures: warning, temporary suspension, and finally, permanent termination.

The User has 6 (six) months from suspension or termination to file an appeal through the Platform's support channel.

After permanent termination, User data will be handled according to the Privacy Policy and applicable law.

17. Changes to Terms

The Platform may amend these Terms at any time, with 30 (thirty) days' prior notice.

Changes will be communicated via email and in-app notification. The full text of the new Terms will be made available on this page.

Continued use of the Platform after the notice period constitutes acceptance of the new Terms.

If the User does not agree with the changes, they may close their account before the new Terms take effect, without penalty.

18. General Provisions

These Terms are governed exclusively by the laws of the Federative Republic of Brazil, including the Civil Code, the Consumer Protection Code, the Marco Civil da Internet (Law No. 12,965/2014), and the General Data Protection Law (Law No. 13,709/2018).

The courts of São Paulo, State of São Paulo, are elected to resolve any disputes arising from these Terms, without prejudice to the consumer's right to choose the court of their domicile, pursuant to Article 101(I) of the Consumer Protection Code.

The nullity or invalidity of any provision of these Terms shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

In compliance with the Consumer Protection Code, mandatory arbitration is not required. The User has full right of access to the courts.

The Platform adopts a non-discrimination policy based on gender, sexual orientation, gender identity, race, ethnicity, religion, disability, or any other legally protected characteristic.

The User may also exercise their rights and file complaints with the National Data Protection Authority (ANPD) at www.gov.br/anpd, or with consumer protection agencies (Procon) in their locality.