Terms of Use

General

These Terms of Use were prepared by ESTUDIO PIRILAMPO MESTRE - EMPRESA DE DESENVOLVIMENTO DE SOFTWARE LTDA, headquartered in Porto Alegre / Rio Grande do Sul / BRAZIL, registered with CNPJ 39.512.061/0001-73 and D-U-N-S® Number 82-599-5910, hereinafter referred to simply by its trade name "Pirilampo Mestre Digital Art Studio" or by "us".

This document deals with the Terms of Use of the SAMWISE application, from now on it may be referred to simply as the "Application".

Pirilampo Mestre Digital Art Studio created Samwise with a “Freemium” model (the Application is distributed free of charge but with some paid parts and advertisements while free). This SERVICE is provided by Pirilampo Mestre Digital Art Studio and is intended for use as is.

When you download or use the Application, these terms will automatically apply to you - so please read them carefully before using the Application.

The Application itself and all trademarks, copyrights, database rights and other intellectual property rights related thereto belong to Pirilampo Mestre Digital Art Studio.

Misuse

You are not permitted to copy or modify the Application, any part of the Application, or our trademarks in any way. You are not allowed to attempt to extract the source code of the Application and you must not attempt to translate the Application into other languages ​​or create derivative versions.

Application Changes

Pirilampo Mestre Digital Art Studio is committed to ensuring that the Application is as useful and efficient as possible. For this reason, we reserve the right to make changes to the Application or charge for its services, at any time and for any reason.

Charges

We will never charge you for the App or its services without making it very clear exactly what you are paying for.

Payment Processors

All financial transactions made in connection with the Application will be processed by third parties in accordance with their respective terms of use, privacy policy, and/or applicable payment terms and conditions. In no event will we be liable for the actions or inactions of any payment processor, including, but not limited to, system failures or payment service interruptions.

User-generated Content

There are areas within the Application where Users post content (such as the Emporium). In these areas, we are not responsible for the content posted, so it's necessary to be at least 18 years old to access them. But as a User, you can't post anything that:

	1.  Has sexually explicit or real-world, graphic violence.

	2.  Violates copyrights, personality rights (such as names) or trademark rights. It's not allowed to post anything that violates any type of third party rights.

Due to the fact that it is impossible to control all posts made by Users, our responsibility in this regard is limited to removing content after receiving a court order. We reserve the right to remove any content even without a court order, but this is our right, not an obligation.

There are ways for Users to report other Users or User-generated contents in Samwise. We will monitor and analyze these reports as fast as possible, and remove any content that we find violating this clause.

If anyone understands that any content posted violates their rights, send an email explaining the situation to: contact@pirilampomestre.com

Property Rights

All "non user-generated" content available through the Service, including designs, images, graphics, text, audio and other files belong to Pirilampo Mestre Digital Art Studio. No content on the Service may be modified, copied, distributed, reproduced, republished, downloaded, posted, transmitted or sold other than in ways permitted and encouraged on the Application, such as posting to the Emporium.

Regarding User-generated Content (see previous section), we want to make it clear that, unless otherwise stated directly in the content, all content posted by users is authored and owned by the user who posted it － provided that respecting licenses and rights as described in the previous section. We do not take ownership of any content.

The author can take any action on the content owned by them, including changing it, deleting it, removing it, etc. But, for reasons of respect for other users, in case of removal of content that other users are already using, these users will keep the latest version of the content that was made available. Users who have not added the content to their accounts by the time of removal will no longer have access.

Safety

Samwise stores and processes personal data that you have provided to us in order to provide our Service. It is your responsibility to keep your device and access to the Application secure. Therefore, we recommend that you do not "jailbreak" or "root" your device, which is the process of removing software restrictions and limitations imposed by your device's official operating system. This could make your device vulnerable to malware/viruses/malicious programs, compromise your device's security features, and could mean that Samwise won't work properly or won't work at all.

Responsibilities

You should be aware that there are certain things that Pirilampo Mestre Digital Art Studio is not responsible for. Certain functions of the Application will require it to have an active Internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but Pirilampo Mestre Digital Art Studio cannot be held responsible for the Application not working with all the functionalities if you do not have access to Wi-Fi and do not have any subsidy of remaining data.

If you are using the Application outside of an area with Wi-Fi, remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile operator for the cost of data while connected while accessing the Application or other third party charges. By using the App, you accept responsibility for these charges, including data roaming charges, if you use the App outside your territory (eg region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the App, please remember that we assume that you have received permission from the payer to use the App.

Likewise, Pirilampo Mestre Digital Art Studio cannot always be responsible for the way you use the Application, i.e. you need to ensure that your device remains charged - if the battery is low and you cannot turn it on to enjoy the Service, Pirilampo Mestre Digital Art Studio cannot accept responsibility.

With respect to Pirilampo Mestre Digital Art Studio's responsibility for the use of the Application, when using the Application, it is important to keep in mind that, although we strive to ensure that it is updated and correct at all times, we rely on third parties to provide us with information so that we can make them available to you. Pirilampo Mestre Digital Art Studio is not responsible for any loss, direct or indirect, that you incur as a result of fully relying on this functionality of the Application.

Finally, as defined in the Privacy Policy, as we are in accordance with the strictest legislation in the world on the protection of children's data, it is mandatory to be at least 13 years old to register on Samwise. Because every user needs to agree with both this document and the Privacy Policy, we are not responsible for children under 13 who start using our Service without proper authorization. In the event that a user under 13 years of age registers on the Application, we will delete the profile together with all the data relating to it.

Updates

The App is currently available for Android, iOS, macOS and the web － requirements for all systems (and for any additional systems we decide to extend App availability to) may change, and you will need to download updates if you want to continue using Samwise. Estúdio Pirilampo Mestre de Arte de Digital does not promise that it will always update the Application so that it is relevant to you and/or works with the Operating System version you have installed on your device. However, you promise to always accept updates to the Application when offered to you. We may also stop providing the Application and terminate its use at any time without notice. Unless otherwise stated, upon termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the Application and (if necessary) delete it from your device.

End of Use

Pirilampo Mestre Digital Art Studio may terminate your access and use of the Service immediately at any time, for any reason, and at that time you will no longer have the right to use the Service.

We can cite as an example of termination of use of the Service situations such as:
    • A long time of user inactivity
    • Proof of effective registration for children under 13 years old

In addition, you may terminate your Service account at any time by following the instructions available through the Application. Your data will be kept for a period of 30 days in case you want to restore your account, after which all your data will be removed.

Privacy

Use of the Service is also governed by our Privacy Policy.

Changes to these Terms of Use

We may update our Terms of Use from time to time. Therefore, it is recommended that you periodically review this page for changes. We will notify you of any changes by posting the new Terms of Use on this page. These changes are effective immediately after being posted on this page.

Contact Us

If you have any questions or suggestions about our Terms of Use, please do not hesitate to contact us at contact@pirilampomestre.com