1. About the BRASCAST Account
By creating your BRASCAST account you will be able to test and subscribe to a service, be invited to manage a web radio, and receive support for the services we offer.
We require only your name and email to create the account, however, it is possible to enter other data. Our Privacy Policy explains in detail which data is collected, access it at https://www.brascast.com/politica-de-privacidade.
You may cancel your BRASCAST account at any time, provided you do not have an active service. BRASCAST reserves the right to cancel your account at any time, without prior notice, if the terms of use are violated.
2. Service Contracting
We provide a trial period for some services. The duration of the trial and the period to subscribe may vary according to the service. Contact our support for specific deadlines for each service.
By contracting a service, you will be subject to the specific service agreement, which explains in detail what it is and its acceptable use. Acceptance of the specific agreement is mandatory for contracting it and does not exclude this term.
3. Invitation to manage other web radios
Your BRASCAST account allows you to be invited to participate in a web radio contracted by another BRASCAST user. The inviter will define the level of access to the web radio's resources and may remove your invitation at any time.
By accepting the invitation to participate, you will be subject to the service agreement. It is essential that before accepting the invitation you request the service agreement. If you do not agree, refuse the invitation. You may stop participating in any web radio at any time.
BRASCAST only provides the platform for interaction between you and the web radio that invited you; there is no employment or service provision relationship between you and BRASCAST, and these matters must be discussed and agreed upon solely and exclusively with the person responsible for the web radio that invited you.
BRASCAST also does not interfere in any way in the making or revocation of the invitation, except by court order to the contrary.
4. Technical Support
You may receive full support service from BRASCAST's technical support for any contracted service. If you are a guest of a web radio, you will receive support only for the features you have access to.
5. Update of Terms of Service and Others
When updating the terms of use, the date referring to the update will be added at the beginning of this document. The changes take effect after 30 days from their publication or immediately after your acceptance.
6. Streaming Platform
Please make sure you understand all usage policies before contracting our services. By contracting the services, it will be recorded in the database of BRASCAST SERVIÇOS DE TRANSMISSÃO LTDA, the full acceptance by the client of all our usage policies.
6.1. Streaming Platform
Streaming is a form of audio transmission through any computer network, without the need to download what is being viewed or listened to. The playback device receives and plays the transmission immediately for the listener, without storing it.
In streaming, the transferred information is a continuous data flow from a server. The decoder is a dedicated player or a plugin that functions as part of a web browser or application with internet access. The server, the information flow, and the decoder work together to allow the listener to follow the live or pre-recorded broadcast.
6.2. Live Broadcast
Requirements for a quality broadcast:
- A good physical structure and the correct configuration of the computer and soundboard, if used.
- The computer that broadcasts must have the sound card drivers updated so that all the features it offers are available.
- The use of BROADBAND internet (ADSL, CABLE, or FIBER OPTIC) for broadcasting is recommended. Connections via 3G, 4G, Radio Signal, or Satellite are very unstable, therefore BRASCAST does not provide support in case of transmission failures such as audio cuts or buffering.
- It is very important to know the internet speed that will be used for broadcasting, because with a slow connection, it is not possible to guarantee a broadcast without cuts or failures.
- A speed and connection stability test is recommended to verify if it meets the requirements for broadcasting.
- BRASCAST servers do not allow the transmission to be carried out at a quality HIGHER than the contracted plan.
6.3. Transmission via AUTO DJ
All BRASCAST streaming plans include AUTO DJ.
AUTO DJ has a storage space for audio files for playback. The size of the storage space is defined by the contracted streaming plan.
Only files in MP3 format (.mp3) may be uploaded to this storage, and uploading any other files is not allowed.
AUTO DJ is a tool for on-demand audio transmission, and its use for storage and backup of audio files is not permitted.
Although BRASCAST performs security backups of its system, this is not a guarantee against catastrophic data loss by the contracting party and under no circumstances will it provide copies of the uploaded files.
6.4. Additional services
Additional services will be provided upon subscription to the streaming platform and cannot be used separately. Compliance with the streaming service payment is essential for the provision of additional services, except for the domain, which requires an annual registration separate from the streaming contract.
6.4.1. Manageable website
BRASCAST provides free of charge - to clients who have the streaming service - a manageable website.
6.4.2. Domain registration
BRASCAST performs the registration of international domains (.com and .net) at a promotional price, for use on the manageable website, upon payment of the registration fee specified in the subscription form. The domain is only the ADDRESS through which a website is accessed, not the website itself.
The registration is carried out by a partner company (registrar) within 1 business day after payment confirmation. Due to the bank clearance and registration period, if the chosen domain name is unavailable, BRASCAST will inform the client, leaving it to the client’s discretion to choose another domain or to receive a refund of the amount paid.
Upon discontinuing the use of the manageable website, the domain may, at the client’s discretion, be pointed to another provider (DNS change), upon request, or have its domain registration permanently transferred.
BRASCAST reserves the right not to register domains when it is found that the domain is not intended for use with the manageable website.
The Contracting Party submits to any arbitral or judicial proceedings, as well as to any penalties arising therefrom due to the improper use, whether or not aware of the act, of proper names, trade names, business names or any other elements designating a natural or legal person, names of characters or works protected by copyright or that violate rights guaranteed to industrial property.
BRASCAST disclaims any liability by not providing any material, technical, legal, or financial assistance in case arbitration or judicial proceedings are initiated, whether in Brazil or any other country.
BRASCAST shall exercise the right of recourse if it is condemned to pay any amount for an act performed by the CONTRACTING PARTY or as its agent.
6.4.2.1. Domain Renewal
Domains are renewed every 12 months upon payment of the renewal fee. Since it is an international extension registration, the renewal fee may fluctuate according to exchange rate variations. The amount will be charged in local currency.
6.4.3. Emails
To use the email service, the contracted plan must include this feature, in addition to using the manageable website with a proprietary domain. Each email account has 1 GB of disk space for message storage, and the number of email accounts provided will depend on the contracted plan. This service uses a shared server, and good conduct from all users is expected to ensure its full operation.
6.4.3.1. Prohibited Practices
- SPAM: is defined as the sending of unsolicited emails. Furthermore, increasingly unsolicited emails are ignored by recipients and increase the repudiation of email providers against the companies that send them. Thus, even commercially spam is something reprehensible.
- Transactional email: emails sent automatically, usually related to some service (password recovery, billing, etc).
- Email marketing: newsletter, promoting content and related matters.
In case of violation, the client will be notified and the email service suspended for 24 (TWENTY-FOUR) hours. In case of recurrence, the email service will be canceled.
The sending of transactional or marketing emails using external tools or services, which do NOT use the email service provided by BRASCAST, is permitted.
In the case of spam, this rule also applies even if BRASCAST SMTP servers are not used for sending emails, but they were sent with the purpose of promoting a site hosted on our servers.
6.4.4. Application
BRASCAST provides Android application and Web App, at its discretion, in some plans, according to specifications on the website, and additionally in plans that do not offer this feature by default, upon prior negotiation.
6.4.4.1. Publication of the applications
BRASCAST provides two types of applications:
- Web App (available for Android, iOS & PC users);
- Android Application (available on Google Play).
The Web App is a type of application available for Android, iOS & PC users installed from a compatible browser and does not require an app store to be published. Its installation is immediate, without the approval of a validation team or any related bureaucracy.
The Android application is published on Google Play to be available for download to users who use Android smartphones. Google Play has policies for app publication, highlighting the prohibition of unauthorized use of content protected by copyright and impersonation of another application or service.
The analysis of the application submitted to Google Play is carried out by the app store itself and may be approved or not.
In some cases, BRASCAST will request a signed and scanned document from the person responsible for the radio station, stating that the contractor has authorization to publish an application on their behalf (client). The publication of the App depends on this document, so the App may not be provided if the requested document is not sent.
In case of rejection, BRASCAST will make every effort to assist the client in publishing the application, however, there is no guarantee that it will be approved, since BRASCAST has no participation in the evaluation for application publication.
The publication of the Android application will not be available during the trial period. The publication feature will be activated exclusively after the payment for the plan chosen by the client has been cleared.
6.4.4.2. Application Removal
Google Play has full control over the Android application and may, unilaterally, remove it without any prior notice or notification. If this occurs, BRASCAST will inform the client to make the necessary adjustments for publishing a new application. There is no guarantee of acceptance by the app store.
6.4.5. Programetes
Programetes are short-duration programs, provided at BRASCAST's discretion in some plans, and additionally in plans that do not have this feature by default, subject to prior negotiation.
BRASCAST reserves the right to terminate the production of any programete, at its sole and exclusive discretion.
Programetes must be used exclusively on the client's radio. Distribution, commercialization, or resale of programetes is prohibited.
6.4.6. Programs
Programs are long-duration audios, on various topics, provided at BRASCAST's discretion in some plans, and additionally in plans that do not have this feature by default, subject to prior negotiation.
BRASCAST reserves the right to change or terminate the production of any program, at its sole and exclusive discretion.
Programs must be used exclusively on the client's radio. Distribution, commercialization, or resale of the programs is prohibited.
Musical programs are content suggestions and may contain songs protected by copyright. BRASCAST is not responsible for paying fees to ECAD or any other copyright collection institution, and the client is aware that they are solely responsible for the content broadcast on their web radio and for paying any possible fees or taxes.
7. Subscription
When choosing a subscription plan, the client may opt to test it for up to 6 days or contract it immediately. See below how each modality works.
7.1. Trial - Free 5-day test
The customer chooses the plan they wish to test and provides a valid credit card for the release of the free trial period.
During the trial period, no amount will be charged and the customer may cancel by accessing their BRASCAST Account at any time within the free period of 5 days.
Once the free period ends, the subscription will be activated and the amount of the contracted plan will be charged to the registered credit card.
While the subscription is not activated, it will not be possible to register domains, use own email services, or publish Android applications.
If the customer wishes to anticipate the activation of the subscription, they may make the payment manually by accessing their BRASCAST Account, using any available method.
7.2. Immediate Contracting
If the customer does not want to use the free trial period, BRASCAST provides additional payment methods for immediate contract activation. In this modality, the contract is activated immediately after bank clearance.
8. Payment Policies
The payment of the subscription and the service renewal must be made by the client strictly on the due dates, based on the service activation date.
The amounts paid refer to the periodicity chosen at the time of subscription (Monthly or Annual) and will be paid in advance.
For the provision of services in Brazil, the amount indicated in each plan includes the taxes applicable in Brazil for which BRASCAST is directly responsible, under the current legislation. Services contracted by individuals or legal entities domiciled abroad do not include any taxes applicable in those countries, and the CONTRACTING PARTY must bear the payment of these when required.
The contract entered into is a successive contract that is extended over time depending on the payment confirmation to confirm the continuity of the service provision.
The accepted payment methods are: bank slip, PIX, and credit card.
If the amount is not paid, for any reason, BRASCAST understands that the CONTRACTING PARTY is no longer interested in continuing to use the service, which may be suspended or canceled.
The client may at any time, before the account cancellation, request the reactivation of the service by making the payment.
8.1. Suspension
8.1.1 - Streaming service
After 7 (SEVEN) days of default, the provision of services, including additional features (manageable website, application, etc), will be interrupted, REGARDLESS OF NOTICE OR NOTIFICATION.
Access, files, information, emails, control panel, and additional features related to the customer's account will be blocked or suspended, including password changes if BRASCAST deems necessary.
The service will be reactivated within 1 (ONE) business day after receipt of bank clearance of the due payment.
The days of service suspension WILL NOT BE DEDUCTED or 'COMPENSATED' IN FUTURE CHARGES
8.1.2 - Domains
Domain freezing occurs 1 (ONE) year after its registration, if renewal has not been made by the expiration date.
When frozen, the domain will no longer access the configured website, and renewal will be necessary to restore access. Domain renewal will be performed exclusively after payment clearance.
It is important to emphasize that the domain freeze is performed automatically by the “REGISTRAR”, and BRASCAST has no control over this.
It is recommended that the domain renewal be carried out at least 7 (SEVEN) days in advance, thus avoiding interruption of access to the domain.
8.2. Credit card recurrence
The client, when choosing to pay by credit card, will have recurrence activated on all contracts, that is, for the next due dates it will not be necessary to access the BRASCAST account to make the payment.
Recurring payment can be deactivated at any time through the BRASCAST account, being enabled again whenever the client opts for credit card.
Recurring payment applies to all services contracted in the BRASCAST account, and cannot be activated or deactivated separately by contracted service.
With recurring payment active, the charge will be made automatically, according to the terms below.
8.2.1. Streaming service
On the due date, the charge will be made automatically and an email will be sent confirming the renewal of the service.
If for any reason the transaction is not approved, the customer will be notified via email and BRASCAST will continue making new attempts to charge. If none of the attempts are successful, after 7 (SEVEN) days of delay, the services will be SUSPENDED and there will be NO new attempts to charge the invoice.
Thus, if the customer wishes to reactivate the service, it will be necessary to access their BRASCAST account to make the payment manually, defining a new credit card or choosing one of the available methods in section "8 - Payment Policies".
8.2.2. Domain Renewal
30 (THIRTY) days before the invoice due date, an email will be sent informing that the recurrence is activated and that in 20 (TWENTY) days the automatic charge will be made.
10 (TEN) days before the due date, the system will attempt the charge. If for any reason the transaction is not approved, the customer will receive a notification via email, however, BRASCAST will continue trying to make the charge until the domain's due date.
After this, if no attempt has been successful, the domain will be FROZEN and there will be NO new attempts to charge, requiring the customer to access their BRASCAST account and make the payment manually, providing a new credit card or opting for the payment methods made available in section "8 - Payment Policies".
9. Cancellation
9.1. Trial - Free test for 5 days
Cancellation can be made by accessing your BRASCAST Account, up to the fifth day of the trial. After this period, the subscription will be activated and the subscription fee will be charged to the registered card.
9.2. Streaming service
Cancellation of the streaming service will result in the cancellation of all additional services, except domain registration.
Cancellation may occur in the following situations:
9.2.1 - Due to default exceeding 30 days
After 30 (THIRTY) days from the due date, the service will be canceled and BRASCAST will delete all data/files linked to the streaming service stored in the debtor's account.
9.2.2 - At the customer's request
Upon requesting cancellation, the service will remain available for the paid period, except if the customer requests immediate cancellation. Under no circumstances will any type of refund or reimbursement be made for unused periods, including when the payment for the service in question has been made annually, whether in installments or not. Non-use of the service does not exempt the customer from paying the remaining installments and the commitment assumed in the annual contract.
9.2.3 - For violation of the usage policies
BRASCAST reserves the right, at its sole discretion and once notified, to cancel the service of customers who violate the usage policies, third-party intellectual property rights, or other rights protected by Brazilian law.
If the cancellation is made due to violation of the usage policies, there will be no refund of any amounts paid.
BRASCAST also reserves the right not to accept new contracts under the name of infringing accounts.
9.3. Domain
9.3.1 - For non-payment of renewal
If the renewal payment is not made, the domain will be canceled 30 (THIRTY) days after freezing.
It is important to emphasize that the cancellation of the domain is carried out automatically by the “REGISTRAR” after its expiration, with BRASCAST having no control over this. It is not possible to reactivate a canceled domain.
Once canceled, the domain may be released for registration by third parties according to the rules of each registration entity, with BRASCAST having no influence over these.
9.3.2 - At the customer's request
The customer may request the cancellation of the domain; however, in this case, only the domain contract with BRASCAST will be canceled. The effective cancellation of the domain will occur automatically only after its expiration.
10. Backups
The customer acknowledges that BRASCAST will not provide backup of the streaming platform and data entered by the customer, nor of its additional resources, after the service cancellation, with the customer being solely and exclusively responsible for backing up the content before the service suspension.
Upon termination of the streaming contract, the provision of additional services such as manageable website, emails, programetes, and applications is also considered terminated. The data entered on the BRASCAST platform is non-transferable.
11. Upgrades
The change of the contracted plan can be made at any time. BRASCAST will not charge any additional amount for changing from one plan to another, whenever the client requests it, with the proportional amount to the change being charged. Additional services requested will be activated only when BRASCAST receives the compensation of the initial payment.
12. Adjustments
The periodic adjustment will occur annually based on the date of signing the main streaming contract, without the need for prior notice, and will be calculated on the service value, according to the IGP-M/FGV index. If the IGP-M/FGV is no longer characterized as a monetary correction instrument for calculating automatic price adjustments, the new indexes that replace it will be used and, if none exist, a new correction formula will be expressly informed to the client.
In addition to the periodic adjustment, BRASCAST reserves the right to reassess the charged amounts at any time, upon notification to the client with 30 (THIRTY) days in advance of the date they will take effect, to restore the initial economic-financial balance in case of an increase in the inputs necessary for providing the services or, if other taxes, fees, tariffs, charges, contributions, including fiscal or parafiscal, social security or labor, are later required, and also if the rates of current taxes are modified.
12.1. Adjustment of contracts during promotional periods
Contracts during promotional periods will be offered exclusively on a monthly basis and will be automatically adjusted as specified in the offer available on our website.
13. Copyright
The system files (source code) are the exclusive property of BRASCAST and will not be provided to the client.
The hosting provided is for the exclusive use of the streaming platform and its resources, including additional services.
No access of any kind will be provided to the server hosting the streaming platform (hosting panels, FTP, SSH, etc), nor will access to the source code of the streaming platform be provided under any circumstances.
System administration will be carried out exclusively by the streaming platform, accessed through your BRASCAST account. It is not possible to host the streaming platform, partially or entirely, on another provider, including additional services.
14. Service Availability
All efforts will always be made to keep the service online, fully operational, with the highest possible uptime rate, however, it is hereby established that there is no minimum service availability guarantee.
BRASCAST has no relationship with advertisers, sponsors, and partners being promoted on the client’s streaming or website and, therefore, in case of any instability or failure in system access, BRASCAST will be exempt from any compensation, with the client’s responsibility for their advertisers, sponsors, and partners irrevocably established.
BRASCAST recommends that CONTRACTING PARTIES foresee in their contracts with advertisers and other third parties the possibility of occasional unavailability.
At any time, service provision may be interrupted due to necessary technical reasons in urgent cases, understood as those that put at risk the regular operation of the shared server and those determined for the security of all clients against network vulnerabilities. These interruptions will last for the time necessary to resolve the problems.
15. Technical Support
BRASCAST will provide technical support exclusively for the configuration and use of the provided service.
BRASCAST does not provide support for configuring the soundboard or installing sound drivers on the computer that will perform the transmission, nor does it assist in the configuration and use of web radio management programs.
The programs that BRASCAST provides only capture the audio from the computer being used to broadcast the web radio. If after support is provided, the computer does not meet the requirements for configuring the transmission programs, the user will be advised to seek assistance from a specialized technician.
16. Final Considerations
16.1. Suggestions for New Features
The client may suggest new features for the streaming platform and report bugs. BRASCAST will analyze each case and provide corrections when necessary, at its sole and exclusive discretion, as well as the development of new features. All requests must be made exclusively through our website: https://www.brascast.com
16.2. Feature Removal
BRASCAST reserves the right to remove features from the streaming platform upon prior notice of 30 (THIRTY) days, whether for technical reasons or others.
16.3. Free module and HTML editor
The streaming platform has an HTML editor (available in Free Modules, News, Events, etc.) that allows the client to integrate the manageable website with web services that provide widgets to display news, weather forecast, statistics, among other features. BRASCAST is not responsible for the misuse of this feature nor for any issues it may cause, either visually (site layout) or in page loading performance.
16.4. Client responsibilities
16.4.1 - Content
All content broadcast on the streaming service (including programs and short programs provided by BRASCAST) is the client's responsibility. This includes the audio of the transmission, content of the manageable website, application, emails, and content resulting from user interaction with the manageable website and application. If any content generates charges or taxes, of any nature, it is the client's responsibility to make the payment.
16.4.2 - Registration data
The client is obliged to keep their registration data duly updated, especially their contact emails, under the consequence of not receiving notifications regarding changes to this contract, renewals of contracted services, among others. Any and all changes to registration data must be communicated to BRASCAST.
16.4.3 - Users with access level
The streaming platform allows the creation of users with different access levels. Therefore, all responsibility for providing access to the administration area to third parties lies with the client.
BRASCAST is not responsible for the misuse of access data or even for the use of the system by third parties authorized or not by the client.
16.4.4 - Data breach and usage policies
The client is aware of and agrees that BRASCAST is not responsible for breaches of data stored on its servers resulting from acts of persons authorized by the client, nor for those resulting from criminal or irregular actions of third parties (hackers), beyond the technical predictability limits at the time these occur, or misuse of the resources provided by the client themselves.
The client is responsible for all damages arising from the use of the services and agrees to indemnify and hold BRASCAST harmless from any legal claims, including losses and damages claimed by third parties.
BRASCAST reserves the right to suspend the client's service at any time, for any reason, without notification or warning, when any infraction or violation of the contract, Brazilian laws, or acceptable use policies is found.
The client's failure to comply with any of the obligations set forth in these Terms, besides the immediate suspension of services as a way to protect other clients, will only result in termination if the issues cannot be satisfactorily resolved, at BRASCAST's discretion. After suspension, the client will be informed of the reason for the service interruption to provide the technical adjustments necessary for reconnection.
The days of service suspension WILL NOT BE DEDUCTED NOR IN ANY WAY COMPENSATED IN FUTURE CHARGES.
BRASCAST has a zero tolerance policy regarding questionable content. Questionable content includes, but is not limited to: sexually explicit material, defamatory, violent, pedophilia, nazism, racism, fraudulent and illegal content. This type of content will be moderated by BRASCAST and, once confirmed, the responsible account will be canceled without the possibility of reactivation.
17. Contract Amendment
The client agrees that BRASCAST may unilaterally amend these terms and other documents referred to herein.
If any changes are introduced to the usage policies, the amended clauses and conditions will become effective after 30 (THIRTY) days from the date of the amendment.
By continuing to use the service after the amendment of this term, the client agrees to it.
BRASCAST will notify the client whenever any clause of this term of use is amended. Notification will occur through simple email sending and/or notice on the platform itself.
It is the client's responsibility to visit this Terms of Use periodically, which will be available on our website at https://brascast.com/termos-e-condicoes-de-uso and, if they do not agree with any provision, request the cancellation of the service.