TERMS OF USE.
BRUTAL is operated by Daylin Walker, an individual doing business as BRUTAL in California, United States ("BRUTAL", "we", "us"). You can reach us at daylin@joinbrutal.com. By creating an account or using joinbrutal.com (the "Service") you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. What BRUTAL is
BRUTAL lets adult members upload a photo and receive anonymous, honest ratings from other members: a yes/no "would you swipe right?" answer plus optional sliders and a tag. Results are private to the member who requested them. Dating features (browsing, matching, chat) open in a city only once BRUTAL decides that city has enough members, and are governed by these same Terms.
2. Who can use BRUTAL
- You must be at least 18 years old. The Service is for adults only.
- Before certain features (including chat), you must pass an identity and age check run by our verification provider, Didit. You agree to provide genuine documents and a live selfie. Fake, borrowed or altered documents end your membership permanently.
- You must not have been convicted of, or be subject to a protective order for, a sexual offense or violent crime against another person.
- You must not have been previously removed from BRUTAL.
- You may hold one account, in your own name, and you are responsible for everything done through it. Keep your login private.
3. Your photos and content
- You may only upload photos of yourself that you have the right to use, taken within the last two years, that show your face clearly. No photos of other people, children, minors in any form, nudity, sexual content, weapons, illegal activity, or hate symbols.
- You keep ownership of your content. You give BRUTAL a worldwide, non-exclusive, royalty-free license to store, resize, scan, display and transmit your content to operate the Service (for example, showing your test photo to raters without your name or city). This license ends when you delete the content or your account, except for copies in routine backups, which expire on their own schedule, and content already shown in an ad you separately authorized (Section 7).
- Uploaded photos are scanned automatically for nudity and may be held for human review. We may remove any content at our discretion.
4. Ratings: what you agree to
- When you start a test you consent to your photo (or profile) being shown anonymously to other members for rating. You can stop a test at any time; votes already cast remain in your private result.
- Ratings are the opinions of other members. They are not a measure of your worth, they are not reviewed for accuracy, and BRUTAL makes no promise that they are fair, consistent or kind. If a result upsets you, stop testing and take a break.
- Raters are anonymous to you and you are anonymous to them. Attempting to identify, contact, retaliate against or harass a rater is prohibited.
- When you rate others, you must rate honestly and look at the photo. Bots, scripts, constant voting, coordinated voting, and voting to harass are prohibited and may lead to removal without refund.
- Karma and votes are internal units with no cash value. They cannot be transferred, sold or redeemed.
5. Payments
- BRUTAL sells a one-time Fast Receipt pack: a fixed number of votes delivered faster, at the price shown at checkout (currently US$3.99 for 25 votes). Payment is processed by Stripe; we never see your card number.
- Purchases are delivered immediately and are generally non-refundable once votes have started arriving. If a pack is not delivered because of a fault on our side, email us within 14 days and we will refund it. Nothing in these Terms limits refund rights you have under California or other applicable law.
- There are no subscriptions at this time. If we add one, we will show its price, renewal and cancellation terms before you buy, and you will be able to cancel online as easily as you signed up.
- Prices may change for future purchases. Completed purchases are not affected.
6. Conduct rules
Do not: harass, threaten, stalk or demean anyone; discriminate; solicit money, sell anything or advertise; impersonate anyone; post or share private information or conversations without permission; share intimate images of anyone without their consent; use BRUTAL if you are under 18 or help anyone under 18 use it; scrape, automate, reverse-engineer or attack the Service; or use BRUTAL for anything illegal. Report problems with the in-app report button or by email. We may warn, restrict, suspend or permanently remove any account that in our judgment breaks these rules or endangers other members, with or without notice, and we may report serious matters to law enforcement.
7. Your photos in BRUTAL advertising
We never use your photos or results in advertising unless you separately and explicitly sign the ad permission inside the app. It is never part of signup and never pre-ticked. If you sign, you grant BRUTAL permission to feature your test photos and their results in BRUTAL's own ads, website, app-store pages and emails, without your name, city or contact details, until you withdraw. You can withdraw in Settings at any time; ads we control come down within 30 days. California Civil Code §3344 and similar laws protect your likeness, and this permission is the written consent those laws require.
8. Meeting people
If dating opens in your area, you are responsible for your own interactions, online and offline. BRUTAL does not run criminal background checks on members and does not vouch for anyone. Meet in public, tell someone where you are, and read our Safety page. We are not responsible for the conduct of any member.
9. Ending your account
You can delete your account at any time in Settings; see the Privacy Policy for what is removed and what we must keep. We may end or suspend your access for breaking these Terms, for safety reasons, for inactivity, or if we close the Service, in which case we will try to give reasonable notice.
10. Disclaimers
The Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy of ratings or comparisons, and uninterrupted or error-free operation. BRUTAL is a small, new service run by one person; outages and mistakes will happen, and we will fix them as fast as we can.
11. Limitation of liability
To the fullest extent permitted by law, BRUTAL and its operator are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, arising from your use of the Service or the conduct of any member. Our total liability for any claim relating to the Service is limited to the greater of US$50 or the amount you paid us in the twelve months before the claim. Some jurisdictions do not allow these limits, in which case they apply to the extent permitted.
12. Indemnity
You agree to defend and indemnify BRUTAL and its operator against claims, losses and expenses (including reasonable attorney fees) arising from content you upload, your breach of these Terms, or your violation of anyone's rights or any law.
13. Disputes and governing law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Before filing any claim, you agree to email us and give us 30 days to try to resolve it informally. Any claim that cannot be resolved informally must be brought in the state or federal courts located in Sacramento County, California, and you consent to their jurisdiction, except that either party may bring an eligible claim in small-claims court. You agree to bring claims only in your individual capacity and not as part of a class or representative action, to the extent permitted by law.
14. Changes
We may update these Terms. If a change is material we will show a notice in the app or email you at least 14 days before it takes effect, and the version date at the top will change. Continuing to use BRUTAL after that date means you accept the new Terms.
15. Other terms
These Terms and the Privacy Policy are the whole agreement between you and BRUTAL about the Service. If any part is unenforceable, the rest still applies. We may assign these Terms to a successor that takes over the Service. Our not enforcing a term is not a waiver of it. Notices to us go to daylin@joinbrutal.com; notices to you go to the email on your account.