Terms of Service
Last Modified: February 25, 2025
Thank you for choosing Camfolo.
IMPORTANT NOTICE: Before using Camfolo (as defined below), Camfolo recommends that you carefully read and ensure that you understand the terms of this Camfolo Services Agreement ("Agreement"), particularly those underlined and bolded sections that may exclude or limit Camfolo's liability or highlight your obligations. Camfolo is not intended for use by persons under the age of 13 or, in some jurisdictions, under the age of 16 ("Minors"), in compliance with the U.S. Children's Online Privacy Protection Act (COPPA). We do not knowingly collect information from Minors. If you are between the ages of 13 (or 16 in some jurisdictions) and 18, you must obtain permission from your legal guardian to use Camfolo. If you have any questions about this Agreement, or if you are unwilling to accept it in whole or in part, please stop using Camfolo immediately. If you have any questions about Camfolo or would like to provide feedback to Camfolo (including but not limited to suggestions and complaints), you can contact us by email at [email protected] (please quote "Camfolo" in the subject line of the email).
1. Scope of this Agreement
This Agreement is entered into by you and LightFrame Labs Inc. (a U.S. company) and its affiliates who assist in providing Camfolo services to you (collectively, "Camfolo," "we," "us," or "our"). This Agreement incorporates the Privacy Policy. Camfolo may update this Agreement from time to time at its sole and absolute discretion, including but not limited to any updates to meet business, legal, or policy requirements. If you do not wish to accept all or part of any future updated version of this Agreement, you may not use or must immediately cease using Camfolo. As Camfolo evolves over time, we may change or discontinue all or any part of Camfolo at any time without notice, at our sole and absolute discretion. If you continue to use Camfolo after we have published an updated version of this Agreement, you agree to be bound by the updated version of this Agreement. "Camfolo" is a software product developed, operated, and managed by Camfolo. Under this Agreement, "Camfolo" means the Camfolo mobile application ("Application"), the website established by Camfolo for Camfolo, and other services provided by Camfolo as part of the Application.
For the purposes of this Agreement, the term "Affiliate" shall mean any entity that is directly or indirectly controlled by, under control of, or under common control with LightFrame Labs Inc. For the foregoing purposes, "control" shall mean (i) ownership, directly or indirectly, of more than 50% of the outstanding voting securities or share capital or other similar equity stake or ownership interest in the entity, or (ii) control over management decisions and economic interests in the entity through contractual arrangements.
2. Protection of User Information and Personal Information
The protection of your user information and personal information is a fundamental principle of Camfolo. You agree that Camfolo will collect, use, store, manage, and protect your user information and personal information in accordance with the provisions of this Agreement and the Privacy Policy. We comply with applicable data protection laws, including the California Consumer Privacy Act (CCPA) provisions applicable to California residents. If you do not wish to accept all or part of the Privacy Policy, or have any questions about it, please do not use or stop using Camfolo immediately. You can contact us through the contact information mentioned above.
3. Non-Commercial Use of Camfolo
You agree to use Camfolo in a reasonable and lawful manner in accordance with this Agreement. Unless otherwise specified, you may only view, share, store, use, transmit, and publish photos, videos, and other content through Camfolo for personal and non-commercial purposes, and you may not transfer your rights under this Agreement, whether paid or free, without Camfolo's prior written consent.
4. Your Use of Camfolo
You are solely responsible for your use of Camfolo and your User Content (as defined below). You may not create, store, or publish any of the following information through Camfolo:
- Photos or other content that contains gambling, violence, discrimination, nudity, or sexual innuendo.
- Information that infringes upon the legitimate rights and interests of others, including but not limited to reputation rights, portrait rights, privacy rights, and intellectual property rights.
- Information that contains defamatory, coercive, humiliating, abusive, harassing, threatening, impersonating, or intimidating content about another person or entity, or personal information about another person or entity, including but not limited to credit card information, ID numbers, phone numbers, or email addresses.
- Information that causes unfair competition, including but not limited to content marked with ownership/intellectual property rights that has been tampered with, added, deleted, or removed, as well as unauthorized content.
- Information that violates the terms of this Agreement, laws, rules, regulations, and policies, as well as information that disrupts the normal operation of Camfolo.
- Information that contains unsolicited or unauthorized advertising, promotional materials, emails, junk emails, or other forms of solicitation.
- Information that helps or encourages others to engage in any of the above behaviors; or
- Information Camfolo deems inappropriate.
Although we are under no obligation to monitor access to or use of Camfolo, or to review or edit any User Content, we have the right to do so for the purposes of operating Camfolo, ensuring compliance with this Agreement, and complying with applicable law or other legal and regulatory requirements. We reserve the right, but are not obligated, to remove or disable access to any Content at any time without notice, including, without limitation, if we, in our sole and absolute discretion, consider any Content objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the operation of Camfolo.
If you violate this Agreement, you agree that Camfolo may, in its sole and absolute discretion or as required by applicable laws, rules, regulations, and policies, take any action that Camfolo deems appropriate without notice to you, including but not limited to: (i) removing any offending User Content; (ii) suspending or terminating your access to and use of Camfolo; (iii) ceasing to provide any services related to Camfolo to you; and (iv) taking measures to restrict your access to your account.
5. Content Ownership and License
Definition
For the purposes of this Agreement: (i) "Content" means text, audio, photographs, images, videos, graphics, and other information, materials or content, works of authorship of any kind, and information or other materials published, generated, made available, or otherwise provided through Camfolo; (ii) "Camfolo Content" means any content directly or indirectly published, generated, or otherwise made available to Camfolo users (including you) through Camfolo, including but not limited to product features built into Camfolo such as filters, fonts, text, special effects, stickers, borders, backgrounds, and template music; (iii) "User Content" means any content uploaded or made available by Camfolo users and made available through Camfolo, but does not include any Camfolo Content (or derivatives thereof).
Content Ownership
Camfolo does not claim any ownership of any User Content, and nothing in this Agreement shall be deemed to limit any rights you may have to use and exploit your User Content. Subject to the foregoing, Camfolo and its licensors exclusively own all rights, title, and interest in and to the Camfolo Content and all related intellectual property rights. You acknowledge that Camfolo and Camfolo Content are protected by copyright, trademark, and other laws of the United States, Canada, and other applicable jurisdictions. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices contained in or accompanying Camfolo or Camfolo Content. For added clarity, if you incorporate any Camfolo Content into your User Content (e.g., images, designs, or filters we provide for you to add to User Content you create or share), we retain all rights, title, and interest in and to such Camfolo Content and any derivative works thereof.
Rights in Your User Content
By providing any User Content through Camfolo, you hereby grant Camfolo a non-exclusive, irrevocable, perpetual, transferable, worldwide, royalty-free license and right to sublicense to: (i) use, reproduce, modify, adapt, communicate, make available, distribute, publicly display, publicly perform, and perform in any form, format, medium, or media channel in connection with the operation of Camfolo and the provision of services to you and other users of Camfolo; and (ii) optimize and promote Camfolo. If such User Content contains personal information, likeness, and voice (or other biographical information) of a third party, you represent and warrant that you have obtained the appropriate consent and/or permission to use such information and that Camfolo and its sublicensees are permitted to use them within the limits set forth in this Agreement.
Your Responsibility for User Content
You are solely responsible for all User Content. You represent and warrant that you own all User Content or that you have all rights necessary to grant us a license to your User Content under this Agreement. You also represent and warrant that your User Content, your use and provision of User Content through Camfolo, and Camfolo's use of your User Content on or through Camfolo will not infringe, misappropriate, or violate any third party's intellectual property rights, publicity or privacy rights, or result in the violation of any applicable law, rule, or regulation.
User Content Storage and Sharing
Camfolo is a photo editing application and does not provide any backup services. You agree that you will not rely on the Service for User Content backup or storage. To the fullest extent permitted by applicable law, Camfolo shall not be liable for any modification, suspension, or discontinuation of the Service.
Deletion of User Content
You can delete your User Content at any time through specific deletion operations. However, in some cases, some of your User Content may not be completely deleted, and copies of your User Content may continue to exist outside of Camfolo. In addition, User Content you delete may remain in backup copies for a limited time. We are not responsible for the deletion or failure to delete any of your User Content on your device. Additionally, if your User Content is public (such as photos you share with any other third-party platform), you acknowledge that Camfolo has no control over whether people will copy or reproduce such User Content and how they will use copies of such User Content, and Camfolo has no responsibility in this regard. You agree that to the fullest extent permitted by applicable law, you will not make any claims against Camfolo for any third-party use of any form of images, designs, videos, and other materials derived from or based on your User Content, particularly posting on the Internet. Although we have no obligation to screen, edit, or monitor User Content, Camfolo also has the right to remove or eliminate any User Content at its sole discretion without notice to you.
Camfolo grants you a limited, non-exclusive, non-transferable license, during the term of this Agreement, without the right to sublicense, to access and view the Content (excluding your User Content) solely when you allow Camfolo to use it, and solely for your personal entertainment, learning, research, or enjoyment purposes, which are non-commercial. You may not use the Content (excluding your User Content) for any commercial purpose without Camfolo's prior written consent.
6. Advertisements
Camfolo may contain advertisements related to the provision of Camfolo to you, and you acknowledge that this supports Camfolo in providing services and is therefore reasonable and lawful. You agree to receive advertisements provided to you by Camfolo or third-party partners when you use Camfolo. Subject to Camfolo's compliance with any applicable laws related to providing advertisements, Camfolo does not select, review, or screen advertisements, nor is it a supplier of any of these products or services. Camfolo makes no representations or warranties, express or implied, regarding any advertiser's goods or services, all of which are hereby disclaimed. You should make your own inquiries about any product or service advertised through Camfolo to determine its quality, suitability, availability, or other characteristics, and to verify any claims or descriptions made in connection with it. Unless otherwise provided by applicable law, Camfolo shall not be liable for any loss or damage arising from or related to your transactions based on such advertisements or content provided by advertisers.
7. Feedback
We welcome feedback, comments, and suggestions for improvements to Camfolo. You may submit feedback by sending an email to [email protected] (please quote "Camfolo" in the subject line of your email). You grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully paid, royalty-free license to use, reproduce, modify, create derivative works based on, and otherwise exploit the Feedback for any purpose under any and all intellectual property rights owned or controlled by you.
8. License for the Application
Subject to your compliance with this Agreement, Camfolo grants you a limited, royalty-free, non-exclusive, non-transferable, non-sublicensable license to download and install copies of the Application on a mobile device or computer that you own or control, and to run copies of the Application solely for your own personal, non-commercial purposes, as expressly permitted by this Agreement. You may not copy the Application except in reasonable numbers for backup or archival purposes. Except as expressly permitted by this Agreement, you may not: (i) copy, modify, or create derivative works based on the Application; (ii) distribute, transfer, sublicense, lease, lend, or rent the Application to any third party; (iii) reverse engineer, decompile, or disassemble the Application; or (iv) make the functionality of the Application available to multiple users in any way. Camfolo reserves all rights in the Application not expressly granted to you under this Agreement.
9. Indemnification
If anyone makes a claim against us, our affiliates or service providers, and/or our or their respective officers, directors, agents, joint ventures, employees, or representatives in connection with your use of Camfolo or provision of User Content, including but not limited to actual or suspected violations of any laws, rules, regulations, or other legal rights, or violations of any terms of this Agreement, you will indemnify and hold us and the above parties harmless from and against any form of damages, losses, and expenses (including reasonable legal fees and costs) related to such claims.
10. Disclaimer
YOU AGREE TO USE CAMFOLO AT YOUR OWN RISK. CAMFOLO IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS OR WARRANTIES, ALL OF WHICH ARE WAIVED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES RELATING TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ANY PART OR FEATURE OF CAMFOLO, OR ANY MATERIAL CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE. OPERATION OF CAMFOLO MAY BE INTERFERED WITH BY MANY FACTORS BEYOND OUR CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, USEFULNESS, ACCURACY, OR COMPLETENESS OF CAMFOLO OR ANY MATERIAL CONTAINED THEREIN.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, LOSS OF OPPORTUNITY, LOSS OF REPUTATION, OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF CAMFOLO, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS OUR INTENTIONAL ACT OR GROSS NEGLIGENCE CAUSES YOU TO SUFFER LOSS OR DAMAGE. IF TO ANY EXTENT OUR LIABILITY IS NOT OR CANNOT BE EXCLUDED, THE TOTAL LIABILITY OF US, OUR AFFILIATES AND SERVICE PROVIDERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES, OR REPRESENTATIVES TO YOU OR ANY THIRD PARTY IN ANY EVENT IS LIMITED TO THE LESSER OF: (I) ACTUAL FEES PAID TO US BY YOU WITHIN THE LAST THREE (3) MONTHS; AND (II) US$100. APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH EVENT, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.
12. Third-Party Responsibility
To the fullest extent permitted by applicable law, we are not responsible for the acts, content, information, or data of third parties, and you hold us, our directors, officers, employees, and agents, and our affiliates and service providers, or any of their respective officers, directors, agents, joint ventures, employees, or representatives, harmless from any known and unknown claims and damages arising out of or in any way related to any claim made by you against any such third party. Camfolo may contain links to third-party websites or resources. We provide these links as a convenience only and are not responsible for those websites or resources or the content, products, or services displayed on or through links to such websites. You acknowledge that you are solely responsible for your use of any third-party website or resource and assume all risks arising therefrom.
13. Force Majeure and Other Grounds for Exemption
Your use of Camfolo may be affected by force majeure events or other factors, including but not limited to the following: political or social circumstances, natural disasters, economic crises, computer viruses or hacking attacks, server or system instability, your location, technical limitations, network quality, and communication line or computer failures or other matters beyond our control (collectively, "Force Majeure Events"). If any Force Majeure Event occurs, Camfolo assumes no responsibility to fulfill any obligations affected by such Force Majeure Event during its duration, these obligations shall be suspended, and to the maximum extent permitted by applicable law, Camfolo shall not be liable to you for any losses attributable to any Force Majeure Event.
14. Modification, Suspension, and Termination of Camfolo
Except as otherwise provided in this Agreement, Camfolo shall have the right to modify, suspend, or terminate Camfolo's operations and/or your access to Camfolo at any time and in its sole and absolute discretion, without notice of any kind. Camfolo shall not be liable for any such modification, suspension, or termination. It is your responsibility to properly update, back up, and transfer the data generated and created in connection with your use of Camfolo. After any such cancellation, suspension, or termination, the following portions of this Agreement shall survive: Sections 3 to 8 and Sections 10 to 17.
15. Notice of Infringement
Camfolo reserves the right to investigate notices of copyright, trademark, and other intellectual property infringement ("Infringement") on the Application, Camfolo Studio, and Website with respect to Camfolo Content, User Content, and other materials (Infringing Materials) and take appropriate action. If you believe that your work has been used or copied in an infringing manner and such infringement is occurring on the Application, Camfolo Studio, and Website, please immediately notify Camfolo in writing and include the information required by applicable law ("Infringement Notice"). All notices of infringement must be sent by email to [email protected] (please indicate "Camfolo-Infringement Notice" in the email subject) or mailed to LightFrame Labs Inc, 522 W RIVERSIDE AVE STE N, Spokane, WA 99201 United States (marked: Legal Department, Camfolos).
When Camfolo removes any infringing material based on your infringement notice, you agree not to exercise and hereby waive any right to sue Camfolo under applicable law in relation to any infringing material appearing on Camfolo's application and website. To the fullest extent permitted by applicable law, you acknowledge and agree that Camfolo has no control over, and cannot be liable for, infringing material appearing on linked or other third-party websites.
16. Applicable Law and Dispute Resolution
This Agreement is established, takes effect, and shall be construed and enforced in accordance with the laws of the United States, without regard to its conflict of laws provisions. Any dispute arising under this Agreement shall also be resolved in accordance with the laws of this jurisdiction. You agree to submit any dispute between you and Camfolo to the exclusive jurisdiction of your location. If for any reason any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect and shall be binding on you and Camfolo.
17. North American Users Specific Terms
If you are a Canadian resident, in addition to the other terms of this Agreement, you should be aware that:
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This Agreement is subject to applicable Canadian consumer protection laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA).
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Your use of Camfolo and our collection, use, and disclosure of your personal information will comply with PIPEDA and other applicable Canadian data protection laws.
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Notwithstanding Section 16, if you are a Canadian resident, any dispute between you and Camfolo may be governed by applicable Canadian laws, particularly mandatory provisions of local consumer protection laws.
18. Inherent Risks
Inherent Risks
You accept and acknowledge that there are inherent risks associated with the use of Internet-based services, including but not limited to the risk of hardware, software, and Internet connection failure, the risk of malicious software introduction, data loss, and the risk that third parties may have unauthorized access to your User Content or account.
Acceptance of Risk
You understand and agree that you have fully considered and are willing to assume the risks associated with providing and transferring data to Camfolo servers over the Internet. You hereby confirm that you will assume and accept the consequences of any data loss. To the fullest extent permitted by applicable law, Camfolo will not be liable for any data loss that is not solely caused by Camfolo.
19. European Union and United Kingdom Users Specific Terms
The following specific provisions apply to users in the European Union and the United Kingdom:
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In addition to the choice of law made under Section 16 of this Agreement, the following provisions shall also apply: Statutory provisions limiting the choice of law shall not be affected. In particular, within the territorial scope of Article 6(2) of European Union Regulation (EC) No 593/2008 (the so-called "Rome I Regulation"), the following provisions apply: If the law of the country where you, as a consumer, had your habitual residence (hereinafter referred to as the "right of residence") at the time of the conclusion of the contract contains provisions for your protection that cannot be deviated from by agreement under the right of residence, the (more favorable) provisions of the right of residence apply to you. Therefore, despite the choice of law under Section 16 of this Agreement, you still enjoy the protection of the mandatory provisions of the right of residence.
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In relation to virtual goods and subscription services, the following provisions shall also apply: In accordance with European Union Directive 2011/83/EU and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, consumers generally have a statutory right of withdrawal/cancellation when entering into a remote sales contract within the territorial scope of the above directives and regulations (where applicable), and we will notify you below in accordance with the statutory model instructions on withdrawal.
Right of Withdrawal Instructions
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire 14 days after the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (LightFrame Labs Inc, 522 W RIVERSIDE AVE STE N, Spokane, WA 99201 United States, email: [email protected], subject line: "Camfolo") of your decision to withdraw from this contract by a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
- To LightFrame Labs Inc, 522 W RIVERSIDE AVE STE N, Spokane, WA 99201 United States, email: [email protected]:
- I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*),
- Ordered on ()/received on (),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- Date (*) Delete as appropriate.
20. Brazilian Users Specific Terms
The following specific terms apply to users in Brazil:
- With respect to the choice of law and jurisdiction made under Section 16 of this Agreement, the following shall apply: If the laws of Brazil where you as a user had your habitual residence at the time of the conclusion of the contract (hereinafter referred to as "Residence") contain protection clauses for you that cannot be deviated from by the Residence Agreement, the (more favorable) provisions of Residence apply to you. Therefore, despite the choice of law and jurisdiction under Section 16 of this Agreement, you are protected by the mandatory provisions of Residence.
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With respect to virtual goods and subscription services, the following shall apply separately: In accordance with the Brazil Consumer Protection Law (Federal Law 8,078/90), within the territorial scope of the above regulations (if applicable), users usually have a statutory right of withdrawal/cancellation when entering into a remote sales contract. Therefore, if you, as a user, have a residence or domicile in Brazil at the time of the contract, you have the right to withdraw from this Agreement within 7 days of accepting this Agreement (executing this Agreement) without providing any reason. The withdrawal period will expire after 7 days from the date of acceptance of this Agreement. To exercise your right to withdraw, you must notify us of your decision to withdraw from this Agreement by email in a manner expressly stated: [email protected] (Please quote "Camfolo" in the subject line of your email) or by posting to LightFrame Labs Inc, 522 W RIVERSIDE AVE STE N, Spokane, WA 99201 United States (Note: Legal Department, Camfolo). If you withdraw from this Agreement, we will reimburse you for all payments received from you without undue delay. Unless you otherwise have affirmative consent, we will use the same payment method you used for the initial transaction for such reimbursement; in no event will you incur any fees for such reimbursement.
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With regard to the removal of User Content, the following shall additionally apply: In accordance with the Brazil Internet Civil Rights Framework (Federal Law 12,865/2014), you, as a consumer residing in Brazil, have the right to be informed by us without undue delay of any removal of User Content in order to exercise your rights. If we remove any User Content, we will provide notice detailing the reasons for the removal, unless there is an express legal provision or an express judicial decision to the contrary.
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With respect to modifications to this Agreement or Camfolo, the following shall additionally apply: In accordance with the Brazilian Consumer Protection Law (Federal Law 8,078/90), within the territorial scope of the aforementioned regulations (if applicable), the User generally has a statutory right to be informed of any material changes to this Agreement or Camfolo. In the event of material changes, we will provide notice reflecting these changes.
21. Language
This Agreement is written and drafted in English, but can be translated into other languages. In the event of any conflict between the English version of this Agreement and any translation of this Agreement, the English version shall prevail.