Terms and Conditions of Use
Effective Date: July 19, 2025
1.1. Website: The digital platform owned and operated by the SERVICE PROVIDER, accessible at app.gilsonazevedo.com.br, for distribution of free and paid files to graphic designers worldwide.
1.2. Subscriber (or User): Any natural or legal person, aged eighteen (18) or older, who registers on the Website and accepts these Terms to access the Content.
1.3. Member: A Subscriber who has purchased and maintains an active subscription plan (monthly or annual).
1.4. Free Content: Files made available at no monetary cost, but subject to the same general usage conditions as Paid Content.
1.5. Paid Content: Premium-quality, exclusive files accessible only to Members with an active subscription.
1.6. License: A limited, non-exclusive, non-transferable, and revocable authorization granted to the Member to use the Content, as detailed in Section 5.
1.7. Force Majeure: Any unforeseeable, unavoidable, or insurmountable event beyond the Parties’ control, as contemplated by Article 393 of the Brazilian Civil Code.
1.8. Parties: Collectively, the SERVICE PROVIDER and the Subscriber.
Interpretation:
Section titles and headings are for reference only and do not affect legal interpretation.
In case of ambiguity, interpretation will favor good faith and contractual balance, pursuant to Article 422 of the Brazilian Civil Code and Article 4 of the Brazilian Consumer Protection Code (Law No. 8,078/1990).
2.1. These Terms govern the access, subscription, and licensing of digital files—both free and paid—provided by the SERVICE PROVIDER through the Website to graphic designers.
2.2. All moral and economic rights in the files are exclusively reserved by the SERVICE PROVIDER, in accordance with Brazilian Copyright Law (Law No. 9,610/1998). The license granted hereunder does not transfer ownership but merely authorizes limited use as specified.
2.3. The Subscriber is expressly prohibited from:
• Infringing any moral or economic rights or related rights;
• Reselling, republishing, or sublicensing the files on any other portals, databases, or platforms;
• Presenting the files, in whole or in part, as original works of their own creation.
2.4. Breach of these prohibitions shall result in immediate contract termination, a contractual penalty equal to ten percent (10%) of the subscription fee, and liability for any additional losses and damages.
3.1. Access to the Content (free or paid) requires prior account registration and electronic acceptance of these Terms at the point of registration.
3.2. The Subscriber represents and warrants they are legally capable of entering into this Agreement or have a legal guardian or representative.
3.3. All personal data provided (name, email, tax ID, payment details) must be accurate, complete, and up to date. Any false or fraudulent information grants the SERVICE PROVIDER the right to suspend or terminate the Subscriber’s access immediately.
3.4. Data processing complies with the Brazilian General Data Protection Law (LGPD, Law No. 13,709/2018) and the Website’s Privacy Policy, with no third-party transfers except as required by law or court order.
4.1. Available Plans:
a) Monthly Plan – automatic renewal every thirty (30) days;
b) Annual Plan – twelve (12) month term with automatic renewal upon expiration.
4.2. Prices are quoted in United States Dollars (USD) and converted to the Subscriber’s chosen currency at the prevailing exchange rate, as displayed on the pricing page.
4.3. The SERVICE PROVIDER reserves the right to adjust prices with at least thirty (30) days’ prior notice to Members, in compliance with Article 6, § 5 of the Brazilian Consumer Protection Code.
4.4. Accepted payment methods: national and international credit cards, PayPal, and Brazilian PIX. Any fees or taxes charged by financial institutions are the Subscriber’s responsibility.
4.5. Subscriptions renew automatically until explicitly canceled by the Member as described in Section 6.
5.1. Grant of License: Upon timely payment and compliance with these Terms, the Member receives a limited, non-exclusive, non-transferable, and revocable license to:
• Personal Use: Download, edit, and incorporate the files into personal projects, including promotional materials;
• Commercial Use: Use the files in projects for third-party clients, provided the files are not sold or presented as standalone works. If a file is reproduced in its entirety, the Member must credit Gilson Azevêdo as the original author, pursuant to Article 29 of Law No. 9,610/1998.
5.2. Restrictions:
• No sublicensing, reselling, redistribution, or embedding of files into other libraries or platforms;
• Sharing of login credentials is strictly forbidden;
• Creation of derivative packs for sale without the SERVICE PROVIDER’s express written consent.
5.3. Any violation or non-payment will result in immediate license termination, assessment of contractual penalties, and claims for indemnification.
6.1. Subscriptions auto-renew until the Member elects to cancel.
6.2. To cancel, the Member must email cancellation@gilsonazevedo.com.br with the subject line: “Subscription Cancellation Request,” providing their full name, email address, and plan details.
6.3. Right of Withdrawal: In accordance with Article 49 of the Brazilian Consumer Protection Code, the Subscriber may withdraw from the first subscription payment within seven (7) days for a full refund.
• Upon withdrawal, the license terminates immediately;
• Subsequent payments are non-refundable due to the immediate provision of services.
After cancellation, no further charges will be applied.
7.1. The Subscriber is responsible for maintaining the confidentiality and security of their account credentials.
7.2. The Subscriber warrants they possess the technical knowledge to handle and edit PSD, PNG, and JPEG files and will follow any usage instructions provided.
7.3. The Subscriber shall indemnify and hold harmless the SERVICE PROVIDER and any third parties from claims, losses, damages, or expenses arising from misuse, infringement of intellectual property rights, or violation of these Terms.
7.4. The SERVICE PROVIDER’s sole liability is limited to repairing broken download links or replacing corrupted files; it does not cover losses due to improper use of the Website.
8.1. All intellectual property rights in the Website’s content, branding, design, software, and related assets are exclusively owned by the SERVICE PROVIDER, pursuant to Law No. 9,610/1998.
8.2. Membership does not confer any ownership rights to the Subscriber, only the limited usage rights granted herein.
9.1. The SERVICE PROVIDER provides the service on an “as is” and “as available” basis, without warranties beyond those explicitly stated.
9.2. In cases of force majeure or acts of God, the SERVICE PROVIDER’s liability is suspended without entitling the Subscriber to any compensation.
9.3. In accordance with Article 51, IV, of the Brazilian Consumer Protection Code, any clause that attempts to limit or exclude liability for violations of essential contractual obligations is null and void.
10.1. The SERVICE PROVIDER may suspend or terminate access immediately, without notice, if the Subscriber:
• Shares login credentials across different IP addresses;
• Repeatedly infringes intellectual property rights or these Terms;
• Distributes files on unauthorized platforms.
10.2. Termination does not relieve the Subscriber from indemnifying the SERVICE PROVIDER for any damages.
10.3. If the SERVICE PROVIDER amends these Terms without Subscriber consent, the Subscriber may immediately terminate this Agreement without penalty.
11.1. These Terms may be revised at any time by posting an updated version on the Website.
11.2. The SERVICE PROVIDER will notify Subscribers via email at least thirty (30) days before substantial changes take effect.
11.3. Continued use of the Website following modifications constitutes acceptance of the updated Terms.
12.1. Governing Law: These Terms are governed by the laws of the Federative Republic of Brazil, including the Brazilian Civil Code (Law No. 10,406/2002), the Consumer Protection Code (Law No. 8,078/1990), the Copyright Law (Law No. 9,610/1998), and the LGPD (Law No. 13,709/2018).
12.2. Venue: The courts of São Luís – MA, Brazil, shall have exclusive jurisdiction, waiving any other, however privileged.
12.3. Contact: For questions, complaints, or requests, email doubt@gilsonazevedo.com.br.
By registering or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.