EroticaMaker
Version 3.0 · Effective from the date of publication on EroticaMaker.com
1.1. This instrument regulates the access and use of the EroticaMaker platform, owned by B20 CONTEÚDO DIGITAL LTDA, a private legal entity, registered under CNPJ No. 28.487.422/0001-52, hereinafter referred to as EroticaMaker.
1.2. Access to the platform implies full, irrevocable, and unconditional acceptance of all the terms set forth herein, as well as the Privacy Policy available at eroticamaker.com/privacy, which have the force of a contract between the parties.
1.3. If the user does not agree with any provision of this instrument, they must immediately refrain from using the platform, and no subsequent claim based on lack of knowledge will be accepted.
1.4. Entire Agreement. These Terms, together with the Privacy Policy and the service provision contract signed between the parties, constitute the entire agreement between the user and EroticaMaker, superseding any prior negotiations, declarations, proposals, or understandings, whether verbal or written, relating to the subject matter herein.
2.1. The services are provided exclusively to companies and professionals who contract them as inputs for their activities, and not as final recipients acting as consumers.
2.2. Any result from the use of the platform is the user's sole responsibility, since the outcome of generative AI depends on the prompt, its limits, and contexts.
2.3. It is considered that, upon publishing the text, the user has already reviewed and modified it, with the authorship of the final published text being exclusively attributed to the user, regardless of how much it was altered.
3.1. To use the services, the user must provide truthful, complete, and updated data that allows their full qualification, whether as a legally capable natural person exercising professional activity or as a legally constituted legal entity represented by its legal guardian.
3.2. The provision of false information, information belonging to third parties, or information obtained fraudulently constitutes a civil and criminal offense, subjecting the user to the sanctions of current legislation, including art. 299 of the Penal Code (ideological falsehood). EroticaMaker reserves the right to report such irregularities to the competent authorities without prior notice to the user.
3.3. Each registration corresponds to a single login, strictly for personal use and non-transferable to the person designated by the user. Any activity performed under an account is the sole responsibility of its holder.
3.4. EroticaMaker is not responsible for unauthorized access resulting from the user's negligence, recklessness, or malpractice in safeguarding their credentials, or from their voluntary sharing.
3.5. EroticaMaker reaffirms that, given the nature of the services provided, only data controllers and data protection officers should have access to the platform's control panel, in accordance with art. 41 of the LGPD (General Data Protection Law).
3.6. Record of Acceptance. The platform automatically records, at the time of acceptance of these Terms, the user's IP address, date, time, and session identifier, constituting valid electronic proof of acceptance under art. 10 of Law No. 12.965/2014 (Civil Rights Framework for the Internet). The user acknowledges that these records may be used in any potential litigation.
4.1. EroticaMaker's services are exclusively intended for natural persons with full civil capacity (over 18 years of age) and regularly constituted legal entities, represented by their administrators or attorneys with sufficient powers.
4.2. By accepting these Terms, the user expressly declares having full legal capacity to contract on their own behalf or on behalf of the entity they represent, assuming full and personal responsibility for any false statement in this regard.
5.1. Nature of the Service. The services are provided in the SaaS (Software as a Service) modality, on an "as is" and "as available" basis, without guarantees of specific results, fitness for a particular purpose, or unrestricted fulfillment of the user's individual expectations.
5.2. Unavailability and Failures. EroticaMaker does not guarantee that the services will be uninterrupted, error-free, or completely secure. Failures resulting from scheduled maintenance, unforeseeable technical incidents, or force majeure events do not grant the right to compensation or reimbursement.
5.3. Third-Party Infrastructure. The platform uses third-party services (cloud servers, APIs, processing tools) whose operation and security are beyond EroticaMaker's direct control. EroticaMaker is not responsible for failures, interruptions, leaks, or incidents occurring in the infrastructure of these providers, without prejudice to adopting reasonable mitigation efforts within its reach.
5.4. Plugins, Bots, and External Integrations. EroticaMaker is not responsible for vulnerabilities, incompatibilities, or security incidents caused by plugins, bots, extensions, scripts, or third-party integrations operated by the user in their environment.
5.5. Attacks and Malicious Conduct. EroticaMaker is not responsible for cyberattacks or malicious conduct by third parties against the platform, provided it demonstrates having employed reasonable and appropriate security measures based on the state of the art at the time of the incident.
5.6. Exclusive User Fault. EroticaMaker is exempt from liability for damages, losses, or incidents arising from acts, omissions, negligence, malpractice, or recklessness exclusively by the user, including incorrect script configurations or misuse of the platform.
5.7. User Content and Decisions. EroticaMaker is not responsible for actions taken by its users, and the generated content is the user's sole responsibility.
6.1. The user is expressly forbidden, under penalty of immediate termination and civil and criminal liability, to:
7.1. EroticaMaker employs Hybrid Facial Biometrics and Edge Artificial Intelligence technologies as identity and age verification tools, representing the state of the art adopted by the platform.
7.2. Such technologies serve as an auxiliary control mechanism and do not replace the user's primary responsibility for the correct and lawful use of the platform, nor the responsibility of legal guardians for minors potentially under their care.
7.3. User Obligations under the National Policy for the Prevention and Combat of Sexual Abuse and Exploitation of Children and Adolescents (Law No. 14.811/2024). Law No. 14.811/2024 imposes on operators of digital platforms and websites the obligation to implement effective age verification mechanisms to protect children and adolescents. The user is solely and exclusively responsible for fulfilling this obligation on their website and must properly and continuously configure and maintain the EroticaMaker script. EroticaMaker provides the technical tool; complying with the law within the user's environment is the user's non-transferable legal obligation.
7.4. The effectiveness of verifications depends directly on the proper configuration of the script by the user. Failures resulting from poor implementation, deactivation, or removal of the script are the user's sole responsibility, and EroticaMaker cannot be held liable for regulatory sanctions or third-party damages arising from such situations.
7.5. EroticaMaker commits to periodically maintaining and updating the protection technologies employed, to the extent of technical and commercial availability, communicating relevant changes through official channels.
8.1. Full Liability for User Publications. The user is solely and exclusively responsible for the publications of texts generated by EroticaMaker, including, without limitation: their content, operation, legal compliance, security, hosting, other integrations, and end-user experience. EroticaMaker has no interference or control over the user's digital environment, being responsible exclusively for the functionality of the script itself within documented limits.
8.2. Suspension of Verifications due to Default and Service Restoration. Access to verifications and active functionalities is conditional upon regular payment by the user. In the event of default, EroticaMaker will notify the user via the registered channel, and if it is not regularized within the timeframe defined in the service provision contract, verifications will be automatically suspended, even if the script remains installed on the site. Upon proof of payment, the service will be restored within the timeframe provided in the contract. EroticaMaker is not responsible for any consequences—technical, operational, legal, or commercial—resulting from the suspension period. Maintaining the script without an active payment does not grant any right to use the functionalities.
9.1. EroticaMaker reserves the right, at its sole discretion, to add, modify, suspend, or discontinue platform functionalities, always aiming at the evolution and improvement of the product.
9.2. For material modifications affecting essential contracted functionalities, EroticaMaker will notify users at least 15 (fifteen) calendar days in advance via the registered channel. Minor impact modifications, security fixes, and performance improvements may be implemented without prior notice.
9.3. The discontinuation of specific functionalities does not grant the user the right to compensation, except when expressly agreed upon in the service provision contract signed between the parties.
10.1. The EroticaMaker platform, including, without limitation, the script, algorithms, source code, interfaces, verification flows, brand, logos, texts, and other elements, is the exclusive property of B20 CONTEÚDO DIGITAL LTDA and is protected by Brazilian intellectual property legislation (Law No. 9.610/1998 and Law No. 9.279/1996).
10.2. The service provision contract grants the user a limited, non-exclusive, non-transferable, and revocable license to use the script exclusively in accordance with these Terms and technical documentation. No provision of this instrument transfers any intellectual property right to the user.
10.3. The user is expressly forbidden to reproduce, modify, distribute, create derivative works, or commercially use any protected element of the platform without EroticaMaker's prior written authorization.
10.4. The user grants EroticaMaker a non-exclusive and free license to use aggregated and anonymized platform usage data for product improvement, research, and internal statistics, without individual identification.
11.1. Each party ("Receiving Party") receiving confidential information from the other party ("Disclosing Party") is obliged to: (i) keep it confidential; (ii) not use it for purposes other than the execution of these Terms; and (iii) disclose it only to employees and service providers who need it for the contracted provision, provided they are equally bound by confidentiality obligations.
11.2. Confidential information includes, without limitation: business data, trade secrets, technical data, strategies, source code, algorithms, pricing structures, customer data, and any other information designated as confidential by the Disclosing Party. Information that is or becomes public domain without the Receiving Party's fault is not considered confidential.
11.3. The confidentiality obligation persists for 2 (two) years after the termination of the contractual relationship, except for trade secrets, for which there is no termination period as long as they retain their confidential nature.
11.4. A breach of the confidentiality obligation subjects the Receiving Party to full compensation for the damages caused, including lost profits and emerging damages, in addition to applicable legal measures.
12.1. All formal communications from EroticaMaker to the user will be made to the email address registered at the time of account creation, and it is the user's sole responsibility to keep it updated.
12.2. Communications sent to the registered email are considered delivered, regardless of actual reading, unless technical failure of EroticaMaker's sending system is proven.
12.3. For urgent or security communications, EroticaMaker may additionally use notices on the platform dashboard (in-app notifications) or splash screens upon access.
12.4. User communications to EroticaMaker must be forwarded to the email contact@EroticaMaker.com. Requests regarding personal data must be directed to the channel of the Data Protection Officer (DPO), if applicable, or to the official contact.
13.1. EroticaMaker may change these Terms at any time due to legislative changes, regulatory decisions, or operational needs.
13.2. Substantial changes—especially those related to Law No. 14.811/2024 (National Policy for the Prevention and Combat of Sexual Abuse and Exploitation of Children and Adolescents) or the LGPD—will be prominently communicated on the platform (splash screen) and by email to the user's registration at least 15 (fifteen) calendar days before taking effect.
13.3. Continued use of the platform after the effective date of the communicated changes constitutes express acceptance of the new terms. If the user does not agree, they must terminate use before the effective date and formally notify EroticaMaker in accordance with clause 12.4.
14.1. EroticaMaker may, at any time, assign, transfer, or subcontract any of its rights and obligations arising from these Terms to third parties, including in corporate reorganization operations, mergers, spin-offs, incorporations, or asset sales, without the user's prior consent, provided the assignee fully assumes the obligations provided herein.
14.2. The user may not assign their rights or obligations arising from these Terms without EroticaMaker's prior written authorization.
15.1. Severability. If any provision of these Terms is declared invalid, void, or unenforceable by a judicial or arbitral decision, the remaining provisions will remain in full force and effect, and the affected provision will be interpreted to reflect, to the greatest extent possible, the parties' original intent.
15.2. Waiver. EroticaMaker's failure to exercise any right or option provided in these Terms does not imply a waiver of that right, which may be exercised at any time.
15.3. Civil Rights Framework for the Internet. As an internet application provider under Law No. 12.965/2014, EroticaMaker observes the obligations to keep and make available access logs provided in articles 15 and 22 of the Marco Civil, including by court order.
15.4. Independence of Clauses. The liability limitations provided in this instrument reflect a deliberate risk allocation between parties of equal negotiating capacity in a B2B context, constituting an essential element of the contractual relationship.
15.5. Language. These Terms were drafted in Portuguese, a language that will prevail in case of any translation into other languages.
16.1. These Terms are governed and interpreted exclusively by the laws of the Federative Republic of Brazil.
16.2. The jurisdiction of the District of Natal, State of Rio Grande do Norte, is elected to settle any disputes arising from this instrument, with express and irrevocable waiver of any other, no matter how privileged it may be.
16.3. Before resorting to the Judiciary, the parties commit to attempting to amicably resolve the conflict through formal notification, with a response period of 15 (fifteen) business days, without prejudice to urgent precautionary measures.