- Jurisdiction and Arbitration: Brazil has a Consumer Defense Code (Código de Defesa do Consumidor), which provides strong protection for consumers. Any clause that might be perceived as limiting a consumer’s rights or access to justice could be declared null. You should reconsider mandatory arbitration, especially without providing options to settle any disputes in a Brazilian court.
- Age Requirement: In Brazil, for internet services, it is common to use an age limit of 16 years old, in line with the General Data Protection Law (Lei Geral de Proteção de Dados, or LGPD).
- LGPD: Speaking of the LGPD, it’s essential to ensure that your privacy policy and data collection, storage, and processing practices comply with this legislation. The LGPD provides Brazilian citizens with numerous rights concerning their personal data, and non-compliance can result in significant penalties.
- Language: Ensure that the terms of service and other relevant documents are available in Portuguese, as Brazilian laws might require that any agreement, especially those for the general public, be available in the local language.
- Consumer Rights: The Consumer Defense Code has specific provisions about abusive clauses in contracts, especially if the contract was not negotiated between the parties (which is the case for most online terms of service). You should ensure that none of the clauses can be considered abusive under Brazilian law.
- Ownership and IP Rights: The rules related to intellectual property might be slightly different in Brazil, especially regarding software. It’s essential to make sure your clauses about IP are in line with the local IP law.
- Local Regulatory Bodies: Make references to local bodies that regulate online services and gaming, if applicable. This might inspire more confidence in Brazilian users.
Virtual Goods, Game Currency, and Subscriptions:
- The game may offer purchasable upgrades using real currency, such as in-game currency and virtual goods.
- Purchases are done through the App Store or other platforms.
- The currency and goods are non-transferable between games unless otherwise stated.
- Virtual goods and game currency have no real-world value.
- The company may make changes to game currency and virtual goods at any time without notifying users.
Refunds:
- All virtual goods and currency are property of the game company and are not redeemable for real-world money unless they are defective.
- Some jurisdictions may offer a ‘cooling-off’ period for digital purchases, but by using the game or the purchased goods, players may waive their right to a refund.
Accessing a Game from an App Store:
- The agreement is between the player and the game company, not the App Store.
- The App Store isn’t responsible for game maintenance or support.
- Any warranties are the responsibility of the game company, not the App Store.
- App Stores have rights as third-party beneficiaries of these terms.
Feedback:
- The company welcomes feedback and suggestions.
- Players grant the company a wide-ranging license to use the feedback for any purpose.
- Players will not be compensated for their feedback.
DMCA/Copyright Policy:
- The company will take action against users who repeatedly infringe copyright.
Third Party Websites and Resources:
- The game may contain links to third-party websites, and the game company is not responsible for their content.
Data Charges and Mobile Devices:
- Players are responsible for data charges incurred while using the service.
Service and Terms Modifications:
- The company may update the terms at any time and may also update the services remotely.
- The company isn’t obligated to maintain or support the services.
Warranty Disclaimers:
- The services are provided without any warranty.
- The company doesn’t guarantee that the services will be uninterrupted, secure, or error-free.
Limitation of Liability:
- Sushi Studio isn’t liable for various potential losses or damages arising from the use of their services, even if previously informed.
- Our total liability is limited to either payments made by you in the last six months or $50, depending on the situation.
- Some regions might not allow such limitations, so the above may not apply universally.
Indemnity:
- Users agree to shield Sushi Studio from any potential harm or costs arising from their use of the services or any breach of terms.
Termination:
- Sushi Studio reserves the right to suspend or end a user’s access for reasons like breaches, discontinuation of services, or other outlined scenarios.
- Users can terminate by uninstalling our application or deleting their associated account.
- Certain agreement sections will remain in effect post-termination.
No Assignment:
- Users cannot transfer these terms without Sushi Studio’s consent. However, Sushi Studio can assign or transfer these terms freely.
Miscellaneous:
- The terms present the complete agreement between users and Sushi Studio.
- The primary language of these terms is English; translations are merely for reference.
- If parts of the terms are legally unenforceable, the remaining portions will stay active.
- Non-enforcement of a specific right by Sushi Studio at any time doesn’t mean it’s relinquished.
- Third parties don’t have rights under these terms.