Terms of Use

1. Provider

The App is developed and made available by R BRUN DESENVOLVIMENTO DE SISTEMAS LTDA, trading as BRUN SOLUTIONS (“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 Anotações software, in any version or platform, including its updates.
• Developer: R BRUN DESENVOLVIMENTO DE SISTEMAS LTDA, trading as BRUN SOLUTIONS, responsible for developing and making the App available.
• User or you: the individual who downloads, installs, accesses or uses the App.
• User Content: all notes, notebooks, text, images, photos, audio recordings, reminders, 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 .anotacao files of shared notes.
• Third-Party Services: apps, platforms and services not controlled by the Developer, such as the App Store, Google Play, Google AdMob, messaging apps, cloud storage services and file managers.
• Stores: Apple's App Store and Google's Google Play, through which the App is distributed and in-app purchases are processed.
• Premium: the set of additional App features unlocked by a one-time purchase, under clause 12.

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 exclusively for people aged 18 or over. Use of the App by anyone under 18 is prohibited. By using the App, the User represents that they are 18 or over.

4. License

4.1. The Developer grants the User a personal, limited, 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 Store from which it was obtained.

4.2. Downloading the App and using its basic features is free of charge. Premium is optional and paid, under clause 12.

4.3. 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, where technically applicable;
• Unlock or attempt to unlock Premium without purchasing it, including through modified versions of the App, third-party tools or tampering with the Stores' purchase process;
• 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 responsibility

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

6.2. By putting any image, photo, recording, text, trademark or other material in a note, the User represents and warrants that they hold the necessary rights or have permission from whoever holds them, including the image and voice rights of any person depicted or recorded.

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, within the limits of applicable law, are not responsible for content created or used by the User 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 or contrary to applicable law;
• 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), including recordings of conversations made without the knowledge or permission required by law;
• In any way involves sexually explicit or pornographic material involving children or adolescents, or sexualizes minors, 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.

Using the App to create, store or share unlawful content, or content that infringes the rights of others, is the User's responsibility, without prejudice to the civil, administrative and criminal consequences provided for by applicable law.

8. Private and local nature of content

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

8.2. The Developer has no access to User Content stored locally on the device and, accordingly, does not moderate, review or exercise editorial control over it.

8.3. Other data processed in connection with the App, such as data collected by the ad provider or by the Stores during a purchase, is separate from User Content and 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. Backups are files the User creates manually and are not a cloud storage or sync service provided by the Developer. The device's operating system backup (such as iCloud or Google's backup services) may, depending on the device and operating system settings, include App data; it is a Third-Party Service that the Developer has no access to, and it is not a substitute for Backups.

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 and reminders

10.1. The App lets the User share notes, as text or as an .anotacao file, with Third-Party Services. Once shared, the content may be 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, to the extent permitted by applicable law, is not responsible for their availability, operation, changes, removal of content or any acts or omissions of those services.

10.3. Reminders are notifications scheduled locally on the device and depend on the permissions granted by the User and on the operating system, which may delay or suppress them (for example in battery-saving or focus modes). The App is a supporting tool: the User should not rely on it alone for commitments whose loss could cause harm, and the Developer is not responsible for reminders that are not shown or are shown late.

11. Advertising

11.1. 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, where applicable. Ads are no longer shown to a User who purchases Premium, under clause 12.

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. Premium and in-app purchases

12.1. The User may, optionally, purchase Premium through an in-app purchase. Premium removes ads and unlocks additional features, such as exclusive papers and icons, as described in the App at the time of purchase.

12.2. The purchase is processed exclusively by the Store from which the App was obtained, under that store's terms and policies, and charged to the payment method registered in the User's account with that store. The Developer does not receive or store card details or details of any other payment method.

12.3. The price is shown in the App before the purchase is confirmed, in the currency and including the taxes set by the Store, and may vary by country and over time. Price changes do not affect purchases already completed.

12.4. Premium is purchased with a one-time payment: it is not a subscription, and there is no automatic renewal or recurring charge. Once purchased, it remains available for an indefinite period, subject to clause 14.

12.5. Premium is tied to the Store account used for the purchase (Apple ID or Google Account) and to that platform: a purchase made on Apple's App Store does not unlock Premium on Android, and vice versa. When reinstalling the App or switching devices, the User can recover Premium without paying again by using the same Store account and the App's restore purchases option, where available.

12.6. Cancellation and refund requests are reviewed and processed by the Store under its own policies, as the Developer has no access to payments. The User's rights under applicable law are preserved, including the right of withdrawal under art. 49 of the Brazilian Consumer Protection Code, where applicable, and the consumer laws of your country, which may be exercised with the Store or by writing to contato@brunsolutions.com.br.

12.7. If a purchase is refunded, charged back or cancelled by the Store, Premium may be deactivated. The same applies to Premium obtained fraudulently or in breach of these Terms.

12.8. If Premium is not unlocked after a completed purchase, the User should try restoring purchases and, if the problem persists, write to contato@brunsolutions.com.br, including, if possible, the order number or the receipt sent by the Store.

13. Intellectual property in the App

The App, including its code, design, interface, the Anotações brand, logos, icons, papers 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.

14. Availability, updates and discontinuation

14.1. The Developer may, at any time, change, update, suspend or discontinue the App or any feature, in whole or in part, subject to the rights granted to the User by applicable law. Some features may require updating the App or the device's operating system.

14.2. Premium features may be improved or reorganized over time, but the Developer will not start showing ads again or substantially reduce the paid features for those who have already purchased Premium, except where required by law, for technical reasons or by the Stores, or if the App is discontinued.

14.3. Discontinuing the App or removing it from the Stores may prevent the App from being installed and Premium from being restored on new devices. In that case, the rights granted to the User by applicable law will be observed.

15. 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.

16. Limitation of liability

16.1. 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;
• Reminders that are not shown or are shown late, in the cases described in clause 10.3;
• Acts, omissions, failures or unavailability of Third-Party Services, including the Stores and payment processing, and of 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.

16.2. 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.

17. Indemnification

Under applicable law, the User will be responsible for claims, demands, losses, damages, fines, costs and expenses, including legal fees, to the extent they are shown to arise from:

• User Content that infringes the rights of others or applicable law;
• Use of the App contrary to these Terms; or
• Unlawful or negligent conduct by the User related to the use of the App.

This clause does not exclude or limit any liability that cannot be excluded or limited by law.

18. Term and termination

18.1. 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. Uninstalling removes the User Content stored in the App from the device and cancels scheduled reminders, but not any Backups the User has kept or any copies that may exist in the device's operating system backup. Uninstalling also does not affect purchased Premium, which can be restored under clause 12.5.

18.2. The license ends automatically if these Terms are breached. Clauses that by their nature should survive termination, such as clauses 6, 7, 9, 15, 16 and 17, remain in force.

19. Changes to these Terms

The Developer may change these Terms by publishing the updated version on this page. Significant changes may be announced by reasonable means, including the App's release notes. The new version takes effect from the date shown in the update, subject to the rights granted to the User by applicable law.

20. General provisions

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

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

20.3. These Terms, together with the Privacy Policy, are the entire agreement between the User and the Developer regarding use of the App, without prejudice to the Stores' terms that apply to downloads and purchases.

20.4. 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.

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

21. Governing law and jurisdiction

21.1. 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.

21.2. Any dispute arising from these Terms will be settled in the courts of the User's place of residence, subject to the rules of jurisdiction under applicable law.

22. Contact

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