Terms of Use
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This is a translation provided for convenience. In case of any conflict, the Portuguese version prevails.
These Terms of Use ("Terms") are a contract between you and CODERABR DESENVOLVIMENTO DE SOFTWARES LTDA, CNPJ 65.494.300/0001-10, headquartered at Avenida Cristóvão Colombo, 2144, sala 408, 3º andar, Floresta, Porto Alegre/RS, CEP 90560-001, Brazil ("Burnout", "we"), and apply to the Burnout app (iOS and Android), the website oficialburnout.com and the related services (together, the "Platform").
Please read them carefully, especially "Community rules", "Meets and events" and "Limitation of liability".
On this page
Accepting these terms
By creating an account, downloading the app or using the Platform, you confirm that you have read, understood and accept these Terms and the Privacy Policy, which is part of them. If you do not agree, do not use the Platform.
Apple and Google are not parties to these Terms and are not responsible for the Platform, its content, maintenance or support; Burnout is responsible, within the limits of these Terms. Even so, Apple, Google and their subsidiaries are third-party beneficiaries of these Terms and may enforce them. You must also follow the terms of the store you downloaded the app from.
Who can use Burnout
The Platform is only for people aged 18 or over with full legal capacity. By creating an account, you confirm that you meet these requirements.
We may ask for proof of age at any time and close, without notice, the account of anyone who does not meet them.
Your account
- Provide true information and keep it up to date.
- Your account is personal and non-transferable. You are responsible for everything that happens in it and for keeping your password secret.
- If you notice unauthorized access, change your password and tell us immediately.
- Your @handle may not impersonate another person, company or brand, nor be offensive; we may change or reclaim it if it breaks these rules.
- Creating accounts to get around a suspension or termination is prohibited.
What you post
You keep ownership of everything you post — photos, text, car data and comments ("Content"). By posting, you guarantee that:
- you hold the rights to the Content, or permission from whoever holds them;
- you have permission from the people who can be identified in your photos and from those you tag;
- the Content does not break the law, third-party rights (copyright, trademark, image or privacy) or these Terms.
For the Platform to work, you grant Burnout a free, non-exclusive, worldwide license, valid for as long as the Content is published, to host, store, reproduce, display, adapt the format of (for example, resize photos) and distribute the Content on the Platform, and to show it when promoting Burnout itself, always credited to your @handle. The license ends when you delete the Content or your account, except for backup copies kept for a technical period, what the law requires us to keep, and what other people have already shared.
You alone are responsible for the Content you post and its consequences.
Community rules
You may not use the Platform to:
- organize, call, promote, encourage or take part in street racing, speed contests or competitions, displays of dangerous maneuvers (such as abrupt starts, skids, donuts, handbrake turns or burnouts dragging the tires) or takeovers of roads and parking lots without authorization, on public roads or anywhere without permission — conduct classified as a violation or a crime under the Brazilian Traffic Code (Law No. 9,503/1997, Articles 173, 174, 175 and 308);
- encourage driving under the influence of alcohol or other substances, or any dangerous driving;
- advertise, trade or encourage parts or vehicles of illicit origin, tampering with vehicle identification (chassis, plate, engine) or devices to evade enforcement;
- post illegal, violent, hateful or discriminatory content, harassment, threats, defamation, pornography, nudity or intimate content without consent — and, with zero tolerance, any content involving the exploitation of children and teenagers;
- expose third parties’ personal data (such as an address, phone number or license plate to identify someone) or stalk other people;
- impersonate another person or company, run scams, send spam or advertise without authorization;
- infringe copyright, trademark or image rights;
- collect data by automated means, reverse engineer, exploit vulnerabilities, overload or interfere with the Platform’s security.
Breaking these rules may lead to removal of Content and suspension or termination of your account, and we may report it to the authorities.
Reports, moderation and blocking
Anyone can report posts, comments, profiles, cars, meets and clubs in the app; the person reported is not told who reported them. You can also block other people.
At our discretion, and without prior notice when the situation requires, we may remove or hide Content, limit features, suspend or terminate accounts, and preserve and provide data to the authorities as the law provides.
We are not required to review everything before it is published. Under Article 19 of the Internet Civil Framework, Burnout can only be held liable for third-party content if, after a specific court order, it fails to make it unavailable within the deadline set. Intimate content published without consent is removed upon notice from the person involved (Article 21).
Owner-declared spec sheets
The spec sheet, modifications and other information about each car are declared by the user. Burnout does not check or guarantee this data, which does not replace official documents, reports or inspections. Do not rely on it to buy, sell, assess the safety of, or make any decision about a vehicle.
Meets and events
Burnout is only a platform for sharing information. We do not organize, promote, sponsor, supervise, authorize or take part in any meet, event, drive or activity created by users or clubs, and we have no control over what happens outside the Platform.
- Whoever creates a meet (the user or the organizing club) is solely responsible for it: for the accuracy of its information, for the necessary permits (from the venue owner, the city and traffic authorities, where applicable), for safety, for complying with the law, and for any harm caused to participants or third parties.
- Taking part in a meet is your decision and at your own risk. To the fullest extent permitted by law, Burnout is not liable for accidents, injuries, deaths, damage to vehicles or property, fines, impoundments, arrests or any other consequences of meets, events, drives, races or maneuvers, whether or not they were shared on the Platform.
- Burnout does not charge for or process payments for meets. Any amount agreed is handled directly between organizer and participant.
- Marking attendance, confirming or seeing who is going does not guarantee that a meet will happen, is safe or is lawful.
Meets involving illegal activities are prohibited. When we become aware of them, we may remove them, terminate the accounts involved and cooperate with the authorities.
Stores on the map
The stores, workshops and parts dealers shown on the map are displayed for information only. Burnout does not sell, supply, intermediate or guarantee their products or services; any purchase, payment, delivery, warranty or complaint is handled directly between you and the store.
Parts marketplace and dealings between users
When the parts marketplace ("garimpo") becomes available, Burnout will only display listings posted by users themselves. Burnout is not a seller, buyer, payment intermediary or guarantor of any deal: price, payment, delivery, condition, origin, warranty and returns are solely the responsibility of the seller and the buyer.
Listing parts or vehicles of illicit origin, products prohibited by law or items different from what is described is prohibited. We recommend dealing in person, in a public place, and being wary of offers that look too good.
Intellectual property
The Burnout brand, logo, design, code, text and other elements of the Platform belong to Burnout or its licensors and are protected by law.
We grant you a personal, free, non-exclusive, non-transferable and revocable license to use the app on your devices, for personal and non-commercial purposes only, in accordance with these Terms and the app store rules. Copying, modifying, distributing, selling, reverse engineering or creating derivative works from the Platform, and using the Burnout brand without written permission, is prohibited.
Suspension and termination
We may suspend or terminate your account, with or without prior notice, if you break these Terms or the law, if there is a risk to the safety of other people or the Platform, or by order of an authority.
You may close your account at any time, as described in the Privacy Policy ("Deleting your account").
Upon termination, access is blocked and your Content is taken down, except what the law requires us to keep. The sections on Content, liability, governing law and general provisions survive termination.
Limitation of liability
The Platform is free and provided as is. We work to keep it online and working well, but we do not guarantee that it will always be available, error-free or uninterrupted, or that it will suit any particular purpose.
To the fullest extent permitted by law, Burnout is not liable for:
- content, conduct or information of users and third parties, subject to Article 19 of the Internet Civil Framework;
- meets, events, drives and any activities outside the Platform, and anything that happens at them;
- dealings between users, and between users and stores;
- indirect damages, lost profits or loss of opportunity;
- failures of third parties (internet, carriers, app stores, providers), acts of God or force majeure;
- loss of data or access caused by you, such as sharing your password.
You agree to indemnify Burnout for losses and third-party claims caused by your Content, your conduct, the meets you organize or your breach of these Terms.
Nothing in these Terms removes consumer rights that the law guarantees and that cannot be waived, nor Burnout’s liability for willful misconduct or gross negligence.
Changes to these terms
We may update these Terms. Relevant changes will be announced in the app or by email at least 15 days in advance; changes required by law may take effect immediately. If you keep using the Platform after that, the new rules apply; if you do not agree, you may delete your account.
Governing law and jurisdiction
These Terms are governed by the laws of Brazil. Before going to court, contact us at contato@oficialburnout.com to try to resolve the matter amicably; you may also use consumidor.gov.br.
The courts of Porto Alegre/RS, Brazil, have jurisdiction over any dispute, without prejudice to the consumer’s right to sue in the courts of their own domicile (Article 101, I, of the Brazilian Consumer Protection Code).
General provisions
- These Terms and the Privacy Policy are the entire agreement between you and Burnout about the Platform.
- If any clause is found invalid, the others remain in force.
- If we do not enforce a rule, that does not waive our right to enforce it later.
- We may assign this contract in a corporate reorganization, merger or acquisition; you may not assign it without our permission.
- Official communications are made through your account’s email and the app.
- These Terms exist in Portuguese, English and Spanish; in case of conflict, the Portuguese version prevails.
Contact
CODERABR DESENVOLVIMENTO DE SOFTWARES LTDA, CNPJ 65.494.300/0001-10, Avenida Cristóvão Colombo, 2144, sala 408, 3º andar, Floresta, Porto Alegre/RS, CEP 90560-001, Brazil. Email: contato@oficialburnout.com.