These Kerry Studio Subscription Terms (“these Terms”) govern only the contracting of the subscription to the Kerry Studio software (“Kerry Studio” or the “Software”) through a legal seller (merchant of record), developed and made available by Sireeus Softworks (“Sireeus”, the “Company”, or the “Licensor”), a legal entity organized under the laws of the Federative Republic of Brazil.
Kerry Studio is the product name, not the legal entity.
The official language is Brazilian Portuguese. This English text is a courtesy translation; if the versions differ, the Portuguese version controls.
The Company’s legal name is Sireeus Softworks Ltda, registered in Brazil under CNPJ 68.882.332/0001-80, with registered office at Rua Thereza Scanavez Lamberti, 280, CXPST 109, Sala 567, Parque da Barra I, São Joaquim da Barra, SP, Brazil, ZIP 14.606-366. The trade name is Sireeus.
Acceptance of these Terms occurs upon taking a subscription / acquiring a license at the checkout of the legal seller applicable to that contract. Installing or using the Software is not acceptance of these Terms.
Use of the Software is governed by the End-User License Agreement. These Terms must be read with the Privacy Policy and the Cancellation and Refunds Policy.
Where applicable law gives the User or consumer mandatory rights, those rights prevail over any incompatible clause in these Terms.
1. Definitions
1.1. Subscription: the contractual arrangement under which the User obtains a license to use Kerry Studio for a stated term, by paying the price of the contracted plan.
1.2. Plan: the commercial offering of Kerry Studio chosen by the User, with the features, limits, number of licenses, authorized machines, billing period, and price shown at the time of contracting. The offerings currently disclosed are the Individual license, in the monthly and yearly periods shown at contracting. Organizations may acquire Individual licenses for their employees. Company-specific plans may be offered later.
1.3. Legal seller or merchant of record: the third-party legal entity that, at contracting, acts as the seller of record of that subscription transaction vis-à-vis the customer. The legal seller is not a payment gateway or Sireeus’s payment provider. The identity of the legal seller applicable to each subscription is the one shown at checkout, in the transaction confirmation, in the contracting email, and in the commercial documents of that contract. Sireeus may use one or more legal sellers, including at the same time, for different plans, regions, periods, or channels. The legal seller commercializes the subscription as a digital service; Sireeus grants the license to use the Software under the End-User License Agreement. Billing, transaction documents and taxes, cancellations, and refunds fall to the legal seller of that contract, as seller.
1.4. User or subscriber: the natural or legal person who contracts the subscription.
2. Subject of these Terms
2.1. These Terms have as their object the contracting of the subscription through a legal seller. Sireeus grants the license to use the Software under the End-User License Agreement.
3. Acceptance
3.1. Taking a subscription / acquiring a license at the checkout of the applicable legal seller constitutes agreement to these Terms.
3.2. When the User contracts Kerry Studio on behalf of a legal entity or other organization, they represent that they have sufficient authority to bind it to these Terms.
3.3. If the User is a natural person using Kerry Studio for professional activity, these Terms also apply to that contract, subject to any mandatory law that applies.
3.4. In relationships that are consumer relationships, the rights granted by Brazilian consumer law or other mandatory applicable law are preserved.
3.5. Kerry Studio is intended mainly for professionals, developers, database administrators, and companies. The Software and the site are not directed at children or adolescents.
4. License to use
4.1. Sireeus grants the license to use Kerry Studio under the End-User License Agreement. These Terms do not replace that License.
5. Intellectual property and data protection
5.1. Ownership of intellectual-property rights. All intellectual-property rights relating to Kerry Studio, except third-party rights and rights in data and content entered by the User, belong exclusively to Sireeus Softworks or to its respective licensors and owners, as applicable.
This includes, without limitation, source code and object code, the architecture and structure of the software, features, algorithms, methods, proprietary libraries, interfaces, graphic elements, layouts, visual identity, trademarks, trade names, documentation, technical materials, trade secrets, know-how, and other elements that make up or relate to Kerry Studio, as protected by applicable law.
5.2. Grant and scope of the license. Taking a subscription and, when applicable, downloading and installing Kerry Studio grant the User a limited, temporary, non-exclusive, non-transferable, and non-sublicensable license, solely to use the software in accordance with the contracted plan, these Terms, and applicable law.
The license granted does not imply any assignment, transfer, or alienation of intellectual-property rights in Kerry Studio or in any of its components. The User obtains only the right to use the software during the term of the applicable license.
5.3. Use restrictions. Except where expressly permitted by applicable law or with Sireeus’s prior written authorization, the User may not, directly or through third parties:
a) copy, reproduce, modify, adapt, translate, distribute, commercialize, rent, assign, sublicense, or make Kerry Studio available, in whole or in part, to third parties;
b) reverse-engineer, decompile, disassemble, or otherwise attempt to obtain the source code or the internal structure of the software, except in cases expressly permitted by applicable law;
c) remove, conceal, alter, or disable copyright notices, trademarks, license identifiers, or other intellectual-property notices incorporated into the software;
d) share, assign, lend, or make available to third parties credentials, license keys, or authentication mechanisms tied to the subscription, when those elements are intended for the User’s individual use;
e) use the software to make available, exploit, or commercialize Kerry Studio itself or substantially equivalent features as a service or product for third parties, without Sireeus’s authorization; or
f) circumvent, disable, remove, or attempt to bypass technical protection, license-validation, authentication, or access-control mechanisms implemented in the software.
5.4. User data and content. The User remains the owner of the data, files, information, and other content they enter, process, or use through Kerry Studio, to the extent they own them or lawfully hold the corresponding rights.
Taking a subscription or using the software does not transfer to Sireeus ownership of such data and content. The User is responsible for the lawfulness, accuracy, legitimacy, and adequacy of the data and content they enter or process through the software, and for having the authorizations and legal bases required for any processing of personal data.
5.5. Personal-data protection. Sireeus will process personal data related to making Kerry Studio available, licensing, maintenance, support, security, and operation in accordance with applicable law, in particular Brazilian Law No. 13.709/2018 — the General Personal Data Protection Law (LGPD).
Information on personal-data processing, including categories of data processed, the corresponding purposes, legal bases, data-subject rights, retention periods, and other relevant information, is set out in the Privacy Policy applicable to Kerry Studio.
5.6. Privacy Policy. The Privacy Policy forms part of these Terms for the purposes stated in that policy and should be consulted by the User before using the software.
The Privacy Policy may be updated from time to time to reflect legislative, regulatory, technical, operational, or Kerry Studio feature-related changes, subject to the communication and update rules in these Terms.
5.7. Third-party rights and third-party components. Kerry Studio may incorporate, use, or depend on third-party components, libraries, APIs, services, or technologies, which may be subject to their own conditions and licenses. In those cases, use of those components is also subject to the corresponding conditions and licenses, without prejudice to Sireeus’s rights in the elements it owns.
6. Subscription and term
6.1. Kerry Studio is offered through a paid plan.
6.2. As a general rule, there is no permanent free plan.
6.3. The subscription, its billing period, price, renewal conditions, and other commercial terms will be shown at the time of contracting.
6.4. Recurring subscriptions renew under the conditions shown at contracting, the operation of the legal seller of that contract, and the Cancellation and Refunds Policy.
6.5. Non-payment, a failed charge, cancellation, or ending the subscription may result in suspension or ending of the right to use the Software, under the applicable conditions and the rights the law grants the User.
6.6. Any temporary, promotional, or evaluation use, if offered, does not create an acquired right to keep a free plan. The length, whether the first charge is deferred, and the other terms of that use are those shown at contracting. Sireeus may change that complimentary period for future contracts; that does not change the legal withdrawal period.
6.7. When evaluation is offered without charging the first billing period until the deadline shown at checkout, canceling the subscription before that deadline means you will not be charged for that first period. Not canceling, or canceling after that deadline, means the plan price is charged and the paid subscription starts. There is no free use of the Software after that evaluation ends.
6.8. That evaluation period is not the withdrawal period under article 49 of Brazil’s Consumer Defense Code. That right, when it applies, is in the Cancellation and Refunds Policy and is distinct from the commercial complimentary period.
6.9. The license to use depends on an active subscription; the activation mechanism is in the End-User License Agreement. Activation fulfills the contract.
7. Legal seller (merchant of record)
7.1. The Kerry Studio subscription is contracted through a legal seller (merchant of record). The legal seller is not a payment gateway or payment provider on Sireeus’s behalf: it is the seller of record of the transaction vis-à-vis the customer.
7.2. Sireeus may use one or more legal sellers, including at the same time. Each subscription is commercially bound to the legal seller of that contract. The identity of that legal seller is the one shown at checkout, in the transaction confirmation, in the contracting email, and in the commercial documents of that subscription.
7.3. The legal seller commercializes the subscription as a digital service to the customer; Sireeus grants the license to use the Software. The legal seller handles, as seller and to the extent of applicable law and its own terms, charging and renewing the subscription, the payment methods of the transaction, subscription management in the customer portal, cancellations and refunds, billing documents, and transaction taxes when required.
7.4. The payment methods available to the User are those the legal seller offers at the time of contracting.
7.5. Information related to payment, financial data, billing, cards, payment methods, and certain transactional information may be processed directly by the legal seller, under its own terms, policies, and privacy documents.
7.6. Using a legal seller does not transfer intellectual property in Kerry Studio to that seller.
7.7. Sireeus remains the owner of the rights in the Software and grants the corresponding license to use under the End-User License Agreement.
7.8. The User can manage the subscription in the customer portal of the legal seller applicable to that contract, indicated at checkout and in the transaction email.
7.9. Cancellations and refunds of the transaction are handled by the legal seller as legal seller, subject to the Cancellation and Refunds Policy, the conditions shown at contracting, that legal seller’s applicable policies, and rights granted by mandatory applicable law.
7.10. Nothing in these Terms shall be read as a waiver or limitation of a withdrawal, cancellation, refund, or restitution right that is legally granted and cannot validly be set aside by contract.
7.11. The legal seller’s handling of a given transaction or refund as seller does not, by itself, change Sireeus’s ownership of the Software, its intellectual property, or its other assets.
7.12. If the legal seller of an already contracted subscription is replaced, the User will be notified and applicable law will be observed. Changing the legal seller for future contracts does not, by itself, change the legal seller of an existing subscription.
7.13. If they conflict on payment, refund, chargeback, or transaction taxes, the terms of the legal seller of that transaction prevail to the extent they apply — without prejudice to mandatory consumer rights.
7.14. The legal seller’s customer portal is for commercial administration of the subscription (lookup, payment method, cancellation, invoices). It does not deactivate the authorized machine. That deactivation is done in the Kerry Studio app.
8. Cancellation, non-renewal, and termination
8.1. The operational rules for cancellation, renewal, immediate termination, failed payment, and chargebacks are in the Cancellation and Refunds Policy.
8.2. The User may cancel the subscription at any time, first in the customer portal of the legal seller indicated at checkout and in the transaction email. They may also write to support@sireeus.com.
8.3. Under the current commercial model, ordinary cancellation stops future renewal and the subscription stays in force until the end of the current contracted period. Until that date, the User may resume the subscription in the legal seller’s portal if that option is still available. When that period ends, access and the license are cut off at once, with no extra grace. A full refund, a chargeback, or the other cases in the Cancellation and Refunds Policy interrupt access completely and at once, without waiting for the period to end. If the subscription is still in an unpaid evaluation, canceling before the deadline shown at checkout prevents the first charge; in that case there is no paid period to keep.
8.4. Cancellation does not affect obligations that, by their nature, survive the end of the contract.
8.5. Breach of the license to use, fraud, and termination of the license for those reasons are governed by the End-User License Agreement.
9. Withdrawal and refunds
9.1. The withdrawal right, refund cases, effects on the license, and operational procedures are in the Cancellation and Refunds Policy.
9.2. When the contract is subject to Brazilian consumer-protection law, the rights the law grants the consumer will be observed, including the article 49 CDC withdrawal right when it applies.
9.3. Operational procedures for requesting and processing a refund may be carried out through the legal seller of that contract.
9.4. The existence of a legal-seller refund procedure does not restrict rights the law grants the User.
9.5. A full refund of the subscription completely interrupts the right to use: the license is invalidated at once, without waiting for the current contracted period to end. A partial refund may shorten or adjust the term, under the Cancellation and Refunds Policy.
9.6. Canceling the subscription does not automatically create a prorated refund of the period already contracted and paid, unless the law or the contract says otherwise.
10. Commercial support
10.1. Requests about cancellation, invoices, or payment method should go first to the customer portal of the legal seller indicated at checkout and in the transaction email. Requests about a refund or withdrawal should go first to support@sireeus.com. Product support is in the End-User License Agreement.
11. Personal-data protection
11.1. Personal-data processing carried out by Sireeus is governed by the Kerry Studio Privacy Policy.
12. Changes to these Terms
12.1. Sireeus may update these Terms to reflect legal, regulatory, technical, commercial, or operational changes.
12.2. Material changes will be communicated by reasonable means, including, as applicable, publication on the /legal/subscription page, notices in the application itself, or sending a communication to the email address associated with the license, it being optional for Sireeus to use this last means. Material changes will, as a rule, be communicated at least 15 (fifteen) calendar days before they take effect, except where applicable law, a determination by a competent authority, or requirements of distribution platforms impose a different period or the immediate implementation of the change.
12.3. Use of the subscription after the new version takes effect constitutes acceptance of these Terms, without prejudice to the right to cancel with the legal seller of that contract and without prejudice to mandatory consumer rights.
12.4. Changes to the license to use are governed by the End-User License Agreement.
13. International use, governing law, and forum
13.1. Kerry Studio may be made available to users in different countries, subject to applicable technical, commercial, and legal limits.
13.2. A User located outside Brazil is responsible for checking whether acquiring and using the Software is permitted in their jurisdiction.
13.3. These Terms are governed by the laws of the Federative Republic of Brazil, without prejudice to mandatory rules that cannot be set aside by contractual choice.
13.4. In consumer relationships, the legal regime applicable to the consumer will be observed, including territorial-jurisdiction rules (CDC art. 101, I — forum of the consumer’s domicile) and other rights granted by public-order norms.
13.5. The parties will seek to resolve amicably any disputes. Nothing prevents the consumer from exercising rights before the competent administrative or judicial bodies.
13.6. Where the forum of the consumer’s domicile provided for in mandatory law does not apply (including, but not limited to, commercial relationships with legal entities or intellectual-property disputes), the parties elect the courts of the Judicial District of São Joaquim da Barra, State of São Paulo, Brazil, with express waiver of any other, however privileged, to settle any doubts or disputes arising from these Terms.
14. General provisions
14.1. If a provision of these Terms is invalid, the validity of the others is not affected.
14.2. Tolerance of a failure to perform a given duty is not a waiver of the corresponding right.
14.3. These Terms, the End-User License Agreement, the Privacy Policy, and the Cancellation and Refunds Policy constitute the applicable set of rules. A commercial conflict (price, cancellation, refund) is governed by the refunds policy / these Terms. A conflict over use of the Software is governed by the End-User License Agreement.
14.4. If these Terms conflict with the Cancellation and Refunds Policy on cancellation, renewal, withdrawal, or refunds of the subscription, the refunds policy prevails to the extent it applies, without prejudice to mandatory consumer rights.
15. Contact
Sireeus Softworks Ltda
Trade name: Sireeus
CNPJ (Brazilian tax ID): 68.882.332/0001-80
Registered office: Rua Thereza Scanavez Lamberti, 280, CXPST 109, Sala 567, Parque da Barra I, São Joaquim da Barra, SP, Brazil, ZIP 14.606-366
Product: Kerry Studio
Product site: https://kerry.studio
Company site: https://sireeus.com
General email: contact@sireeus.com
Support email: support@sireeus.com
Cancellation, refund, invoice, or billing requests: the customer portal of the legal seller indicated at checkout and in the transaction email — rules in the Cancellation and Refunds Policy.
BY TAKING A KERRY STUDIO SUBSCRIPTION — INCLUDING BY CONFIRMING CHECKOUT WITH THE APPLICABLE LEGAL SELLER — THE USER STATES THEY HAVE READ AND ACCEPT THESE TERMS, SUBJECT TO THE RIGHTS LEGALLY GRANTED TO THEM.