Terms of Use

Platform: the Bakana website (mundobakana.com.br) and all its services.

User: any person who accesses or uses the Platform.

Creator: registered user who publishes designs on the marketplace.

Design: image generated by AI or uploaded by the user to print on products.

Product: physical item (t-shirt, hoodie, etc.) personalized with the Design.

To make purchases or publish designs, you must create an account with truthful information. You are responsible for keeping your password confidential and for all activities carried out under your account.

Bakana reserves the right to suspend accounts that violate these Terms or applicable Brazilian law.

The platform is intended for individuals aged 18 or older. Minors may only use it if duly represented or assisted by their parents or legal guardians, who assume full responsibility for the acts performed.

By registering, you declare that you have full legal capacity to contract or that you are duly assisted by your legal guardian.

The user is prohibited from:

• Using the platform for illegal purposes or in violation of third-party rights;
• Generating or publishing designs with pornographic, violent, discriminatory content, or that infringes third-party copyright;
• Performing reverse engineering, scraping, or any attempt at unauthorized access to the systems;
• Reselling or sublicensing access to the platform without prior written authorization.

It is expressly prohibited to upload, generate, publish, or request the printing of content that:

• Is illegal or infringes third-party rights, including copyright, trademarks, patents, and trade secrets;
• Is discriminatory, hateful, racist, xenophobic, or incites violence;
• Contains sexual content involving children or adolescents (Child and Adolescent Statute — Law No. 8,069/1990), which will be reported to the competent authorities;
• Constitutes a deepfake or uses the image, voice, likeness, or identity of third parties without proper consent;
• Aims at fraud, forgery, defamation, or the spread of disinformation;
• Reproduces illegal pornography, the glorification of crimes, or any other content prohibited by Brazilian law.

Bakana may refuse, remove, or cancel orders involving such content, without prejudice to any applicable legal measures.

AI image generation is a service provided and paid for by Bakana, which bears the compute costs of the AI providers. It is a tool to support the creation of the design for printing.

The product price covers the printing of the physical piece and does not constitute payment for unlimited AI generations, nor does it grant the user ownership of the generated digital asset. Access to generation is granted as part of the creation experience, within reasonable usage limits.

Image generation is subject to fair-use limits. Bakana may set limits on volume, frequency, or resources in order to ensure the sustainability and availability of the service for all users.

Bakana may limit, suspend, or terminate accounts, without prior notice, in cases of excessive, automated (bots/scripts), fraudulent, or abusive use, or use without genuine purchase intent, as well as any attempt to circumvent the service's limits.

Ownership of rights varies according to the user's role. These rules must be read together and do not contradict one another.

Personal purchase (regular customer): Bakana retains the digital file and the AI-generated image, as well as any retouched or edited output derived from it. The customer owns only (a) the source material they themselves uploaded and (b) the physical printed piece they purchased, and additionally receives a limited, personal, non-exclusive license to use the resulting design ON the purchased product. Payment for the product covers the printing of the physical piece and does NOT transfer ownership of the digital file or the AI image, nor does it grant a right to unlimited generations.

Creator Marketplace: A Creator who publishes designs retains the rights to their creations and grants Bakana a non-exclusive license to display, promote, and sell those designs on the platform. The Creator is entitled to a 70% (seventy percent) revenue share of the sale value attributable to their design.

Brand and platform: The Bakana brand, logo, and visual elements of the platform are the exclusive property of Bakana Ltda and may not be reproduced without authorization.

Given that, under Law No. 9,610/1998 (art. 11), copyright protection presupposes authorship by a natural person, an image entirely generated by AI may not be subject to copyright protection. For this reason, the positions above are established by contract and by license, and Bakana does not guarantee the existence, originality, or exclusivity of any copyright in AI-generated output. To the extent that any rights exist in the AI output, the customer irrevocably assigns to Bakana all rights, title, and interest that may exist ("if any") in such output, except for the source material uploaded by the customer themselves.

By the very nature of artificial intelligence models, identical or similar prompts may produce similar images for different users.

Bakana does not guarantee the uniqueness, originality, or exclusivity of any AI-generated output, and does not ensure that similar images will not be generated for third parties.

You declare that you are the legitimate owner of, or have legal authorization to use, all logos, photos, and assets sent for customization (Law No. 9,610/1998 — Copyright Law).

If our company is sued by third parties for the improper use of a trademark provided by you, you will assume full civil and legal responsibility.

We reserve the right to refuse printing any content that violates laws or human rights (racism, illegal pornography, etc.).

By uploading source material or submitting a prompt, you represent and warrant that you are the legitimate owner of the rights or that you hold all necessary authorizations, licenses, and consents over the uploaded content and the prompt used.

Bakana acts analogously to a print shop that prints what the client provides. Accordingly, you agree to defend, indemnify, and hold harmless Bakana, its affiliates, partners, officers, and employees against any and all claims, losses, damages, costs, or expenses (including attorneys' fees) arising from a breach of this representation or any third-party claim related to your content or your prompt.

In line with the Federal Supreme Court's understanding (June 2025) regarding art. 19 of the Brazilian Internet Civil Framework, Bakana maintains a notice-and-takedown channel for illegal or infringing content.

Any interested party may send a substantiated notice, identifying the content and the basis of the claim, to the email info@mundobakana.com.br. Bakana commits to assess the notice and to remove, with due diligence and promptness, content that is demonstrably illegal or infringing, regardless of a prior court order.

You are solely responsible for thoroughly reviewing the final artwork (text, spelling, colors, dimensions, and image quality) before authorizing printing (Article 422 of the Civil Code — Principle of Good Faith).

After your approval (via website, email, or WhatsApp), the file is sent automatically to the machines. We are not responsible for typos or low-resolution images present in the approved artwork.

Product prices are displayed in Brazilian Reais (BRL) and include applicable taxes. Shipping is calculated separately at checkout.

Payment is processed by secure gateways (Mercado Pago / Stripe). Bakana does not store credit card data.

For marketplace Creators, payouts of the 70% (seventy percent) revenue share of the sale value attributable to the Creator's design are processed monthly via PIX or bank transfer, upon request and verification of details.

Production time is 2 to 3 business days after payment confirmation. Delivery times vary according to the destination postal code and the chosen method (PAC, SEDEX, or partner carrier).

Bakana is not responsible for delays caused by carriers, strikes, force majeure events, or incorrect address information provided by the user.

The Consumer Defense Code (Article 49 of the CDC) grants a 7-day cooling-off period for online purchases. However, this rule does not apply to custom-made products.

You are clearly informed, prior to purchase, that the products are made to order and customized exclusively with your branding or image and therefore cannot be resold. Because of this customization, and being aware of it BEFORE finalizing your order, you agree that cancellations, returns, or refunds for mere change of mind will not be accepted once the artwork is approved and production has begun.

The rights provided under the CDC for manufacturing defects (Article 18 of the CDC) remain applicable. See our full Returns Policy for more details.

Article 18 of the CDC covers product defects, but technical variations inherent to the industrial printing process do not constitute defects.

Colors seen on phone or monitor screens (RGB system) may vary in tone by up to 10% when printed (CMYK system). In addition, a millimetric cutting shift (of up to 2mm) may occur due to the mechanical guillotine process. These variations are normal and do not entitle you to a refund or reprint.

Bakana does not guarantee that designs generated by AI will exactly meet user expectations, given the creative and non-deterministic nature of image-generation technology.

To the maximum extent permitted by applicable law, and subject to consumer rights under the CDC, Bakana will not be liable for indirect, incidental, lost-profit, or consequential damages arising from the use of the platform.

Subject to the limits of the CDC, Bakana's total liability for any order is limited to the amount actually paid by the customer for that order.

Bakana will not be liable for failures, unavailability, interruptions, or unsatisfactory results arising from force majeure or fortuitous events, including failures, instabilities, or discontinuity of third-party AI providers (such as FLUX and Gemini), cloud infrastructure, telecommunications, or power.

While such events are in effect, the affected obligations are suspended, and this shall not constitute a breach of contract.

This document has been translated into other languages for the customer's convenience, but the entire operation is governed strictly by the laws of the Federative Republic of Brazil.

In the event of any doubt, contradiction, ambiguity, or legal "gray area" of interpretation between the Spanish or English versions and this Portuguese version, the Portuguese text shall always and definitively prevail. Any legal dispute will be resolved exclusively under Brazilian law and before the courts of the city where the company is headquartered.

These Terms are governed by the laws of the Federative Republic of Brazil. Disputes will preferably be resolved before the courts of the district where Bakana is headquartered; however, the consumer's right to bring an action in the courts of their own domicile (art. 101, I, of the CDC) is expressly preserved, as is the right to contact the Procon of their locality. No clause of these Terms shall be construed as a waiver of that right.

Bakana may update these Terms at any time. Substantial changes will be communicated by email 30 days in advance. Continued use of the platform after the changes take effect constitutes acceptance of the new Terms.

If you have any questions, contact us: info@mundobakana.com.br