Terms and conditions

1. General

1.1. These Terms of Use (the “Terms”) for the website https://www.vexels.com (the “Website”) constitute a legal agreement between the user (“you”, “your”, and “user”) of the Website and Vexels Inc. S.A. (the “Company”, “Vexels”, “we”, “us”, and “our”). The Website is owned and operated by the Company.

1.2. By using the Website, you acknowledge that you have read the Terms and agree to be bound by them. If you do not agree to one or more provision of the Terms, please do not use the Website.

2. About the Website

2.1. The Website is a Graphic Design platform featuring a library of Royalty-free commercial and non-commercial graphics, designs and resources, and various other Graphic Design tools where users can purchase graphics as stand-alone or acquire subscriptions to our contents and tools. (collectively the “Graphics” and individually the “Graphic”).

2.2. You can login into the Website not only by creating a user account directly on the Website, but also by using your Facebook and Google accounts.

3. Company’s Content

3.1. Images, texts, and other materials (the “Company’s Content”) published on the Website are owned by the Company and its partners.

3.2. WITHOUT AN APPROPRIATE LICENSE, THE COMPANY’S CONTENT CANNOT BE COPIED, MODIFIED, DEEP-LINKED TO, OR OTHERWISE REDISTRIBUTED IN ANY MANNER. WE RESERVE THE RIGHT TO START A CROSS-BORDER LEGAL ACTION AGAINST ANY THIRD PARTY THAT DOES NOT COMPLY WITH THE RESTRICTIONS STATED IN THIS SECTION 3.2.

3.3. We put reasonable efforts to correctly tag and describe all Company’s Content. However, we do not warrant the accuracy of the entirety of the Company’s Contents description.

4. User Acknowledgement

4.1. You acknowledge that your use of the Website or any related services is at your own risk.

4.2. You represent and warrant that you will use the Website only in accordance with these Terms.

4.3. You agree not to use the Website and the Graphics in any way that:
• violates any applicable laws.

• spreads malware.

• is ethnically, racially, or otherwise objectionable.

• is sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene.

• interferes with the normal operation of the Website.

• uses bots and other automated methods.

4.4. You acknowledge and agree with the following statements.

• Downloading the Graphics does not transfer the copyright of it or its intellectual property to you, but merely provides you with a license to use the Graphics, subject to the purposes, terms, and limitations stated in the Licenses & Subscriptions listed in the section LICENSES & SUBSCRIPTIONS. You disclaim any ownership in the Graphics.

• Some of the Graphics feature well-known brands, trademarks, logos, public personalities, and celebrities. Such Graphics can be used only for editorial purposes or if you are an authorized reseller. We make reasonable efforts to ensure the proper identification of such Graphics. However, Vexels does not warrant the identification or lack of identification of any Graphics that is intended exclusively for editorial or educational use. Vexels shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate identification of the Graphics that is intended exclusively for editorial and educational use.

• Some of the Graphics may be from Third Party designers, and their ownership is clearly stated in the Preview page of the graphic. We are in the process of replacing these with our own graphics, and if you find one of these and wish to acquire it, please contact us first so we can provide you with a Vexels version of it.

• If the Graphics do not have obvious proprietary markings that indicate an exclusive owner, the Company cannot be deemed to have actual knowledge that the Graphics infringe any third party’s rights.

• Vexels reserves the right to decide and act upon any case that is not comprehended over the Terms at its sole discretion.

• You are solely responsible for the use of the Graphics in combination with any other material.

• You are not allowed to sublicense, resell, redistribute or rent the Graphics.

5. Modification of the Graphics

5.1. You are allowed to: (1) manipulate and modify the Graphics and (2) include the Graphics in composites to achieve a desired effect.

5.2. The ownership of the copyright of such modified Graphics remains with Vexels and may not be assumed by any other person if the original Graphics is still identifiable in part or in whole.

5.3. You are not allowed to sell or redistribute the Graphics where the original graphic file is provided in the compilation as a primary component, unless the use of such Graphics is specifically granted under terms of the Individual Licenses and the Subscriptions purchased by you.

5.4. The modified Graphics that are so thoroughly incorporated that they are not reasonably identifiable are not subject to the restrictions stated in this Section 5.

6. Notification of copyright infringement

6.1. We make significant efforts to ensure the safety and legality of the Graphics.

6.2. If you believe that any of the Graphics published on the Website infringe your intellectual property rights, you can send us a notice by using the contact details mentioned in Section 16. In the notice, please include: (i) a description of the copyrighted work(s) that you claim has been infringed; (ii) identification of what material is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Website; and (iv) information sufficient to allow the Company to contact you.

6.3. Vexels reserves the right, under its sole discretion, to examine the materials indicated in your notice and decide if the materials infringe your copyright.

6.4. If Vexels finds out that there is a copyright infringement, the allegedly infringing materials will be immediately removed from the Website.

7. Registration of user accounts

7.1. In order to purchase Individual Licenses or Subscriptions, you are required to create a user account on the Website (the “Account”).

7.2 Your Account is not transferable.

7.3. You agree to update your user account as soon as any changes in your contact information occur to ensure that your user account is up to date.

8. Termination of user accounts

8.1. You may request termination of your user account at any time, for any reason.

8.2. In order to terminate your user account, please follow the instructions on the user account interface on the Website or contact the Company by writing an email to info(at)vexels(dot)com.

8.3. Upon the termination of your user account, the Graphics will remain licensed under the terms of the Individual Licenses or the Subscriptions purchased by you.

8.4 Contributors are entitled to change the title, tags, category, and the description of a graphic.

9. Privacy

9.1. You hereby agree and acknowledge that the Company may collect and process some personal data through the Website. If you would like to know more about how we collect and process personal data, please read our Privacy Policy available at https://www.vexels.com/privacy-policy/.

10. Availability

10.1. We put reasonable efforts to ensure that the Website is always available. Nevertheless, we cannot guarantee that the Website will be always available, because the availability of the Website may be affected by factors, which we cannot control. We do not accept any responsibility for the unavailability of the Website caused by such factors.

11. Disclaimer of warranties

11.1. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, WE PROVIDE THE WEBSITE AND THE GRAPHICS ON “AS AVAILABLE”, “AS IS”, AND “WITH ALL FAULTS” BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE AND THE GRAPHICS. WE HEREBY DISCLAIM ALL WARRANTIES REGARDING THE WEBSITE, ITS OPERATION, AND THE GRAPHICS.

12. Limitation of liability

12.1. UNLESS OTHERWISE STATED IN THE APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OR IN CONNECTION WITH THE WEBSITE AND THE GRAPHICS.

13. Indemnification

13.1. You indemnify and agree to defend the Company and its officers against any claims which the Company may incur or suffer as a result of your access and use of the Website and the Graphics.

14. Links

14.1. The Website may contain links to websites owned by third parties. We are not responsible for the content of websites owned by third parties.

15. Governing Law

15.1. The Terms shall be governed by the laws of Uruguay.
15.2 You irrevocably consent to the exclusive jurisdiction and venue of the courts in Uruguay for all disputes arising out of or relating to these Terms.

16. Customer support

You can contact Vexels at any time. You can do this by:
• Sending an email to support(at)vexels(dot)com ;

• Calling us at +1 650 4526034

• Contacting our live chat on our website.

• or using the “Contact Us” form available on the Website.

17. Licensing and Subscriptions

This Licensing and Subscriptions Agreement (the “Agreement”) concluded by Vexels Inc. S.A. (“Vexels”, “us”, and “our”) and an individual user (the “user”, “you”, and “your”) of the website https://www.vexels.com (the “Website”) governs the use of graphic resources obtained through the Website (collectively the “Graphics” and individually the “Graphic”), and the use of Vexels' proprietary Tools and Services (including but not limited to PSD Templates, Online Makers, Customer support, and widgets; henceforth named the "tools" or "services").

By using the Website and downloading the Graphics, you agree to be bound by the terms of this Agreement. If you do not agree with one or more provisions of this Agreement, you are not authorized to use the Website and download the Graphics.

 

18. What types of Licenses and Subscriptions does Vexels offer?

18.1. Vexels offers different licenses and license plans ("subscriptions" or "plans") that apply to the use of its Graphics and Tools. When purchasing the Graphics, the users can opt for two types of licensing modalities, namely, the individual licenses that apply to every Vexels Graphic published on the Website (the “Individual Licenses”), and monthly, annual or custom subscription plans for downloading Graphics and using our services (the “Subscriptions”). Vexels also provides a Free option, which does not allow for any Commercial use, and requires Attribution for the use of its graphics.

18.1.1. Individual Licenses. Vexels offers two types of Individual Licenses, namely, (i) the Standard License and (ii) the Merch License. The Standard License is a basic license that applies to a single Vexels Graphic purchased on the Website. The Merch License is a wider-scope license that provides users with additional rights, and lifetime value. Refer to Section 20. for a detailed rundown on their characteristics.

18.1.2. Merch licenses. The Merch Licenses are special licenses included on our Individual License purchase options and Lifetime plans, and allow for users to use our graphics indefinitely, according to the uses specified in these Terms. Refer to Section 20. for a detailed rundown on their characteristics.

18.2. Subscriptions. There are two major types of Subscriptions offered by Vexels, namely, (i) the Recurring Subscriptions and (ii) the Lifetime Subscriptions. Refer to Section 21. for a detailed breakdown on their characteristics.

18.2.1. Recurring Subscriptions. There are six different Recurring subscription plans. Three are based on the Design experience: Starter, Pro, and Business, and three are based on the Merch experience: Merch, Merch Plus, and Ultimate. Each of these plans can be paid for either monthly, or annually, with payments deducted automatically from your payment method of choice.

18.2.2. Lifetime Subscriptions. These are one-time-payment plans, which grant Merch licenses on all downloads and full access to Vexels Tools for as long as they are available, at no extra cost. These plans are not available on the platform by default, and access is reserved for special events or partners.

18.3. Rulings over Individual Licenses and Subscriptions are only applicable to the Graphics that are created, owned, and distributed by Vexels. "Vexels Graphics" are those that indicate “by Vexels” under the image preview. The Graphics that are created by third-party authors do not fall within the scope of Individual Licenses and Subscriptions.

18.4. Switching experiences. Switching between the Design and Merch experience does not affect your Account Status, namely your Subscription plan, payments, nor your account progress (downloads, licenses, etc.); switching experiences only changes the priority of your search results.

 

19. What purposes can Graphics be used for?

19.1. Your use of the Graphics is subject to the limits and regulations applicable to the particular type of the Individual Licenses or the Subscriptions purchased by you. The list of uses indicated in this Section is non-exhaustive and includes only a part of the possible uses of the Graphics. If you would like to use the Graphics for special purposes drastically different from those mentioned in this Section, please contact Vexels by using the contact details indicted in Section 16 of this Agreement in advance for obtaining our prior consent.

19.2. Advertising Use. Advertising Use refers to the use of the Graphics aimed at promoting a company, brand, event, product, or organization, either by digital or printed means. The Advertising Use includes, but is not limited to, company websites, social media, flyers, brochures, banners, printed promotional materials, posters, stationery, marketing campaigns, corporate presentations, newspapers, and product packaging. Please note that the Advertising Use is not considered the same as Consumer Merchandise Use (see Section 19.3.).

19.3. Consumer Merchandise Use. Consumer Merchandise Use (also "Merch Use") refers to the use of the Graphics on physical products for sale, including, but not limited to, mugs, greeting cards, t-shirts, calendars, face masks, self-publishing books, puzzles, posters, and artworks. The Graphics can be utilized for the Consumer Merchandise Use only if a paid Merch License or a Merch-type Subscription is obtained, and the limitations granted by the Individual Licenses and the Subscriptions are respected.

19.4. Template Use. Template Use refers to the use of the Graphics on physical and digital templates including, but not limited to, website templates, greeting card templates, calendar templates, business cards templates, brochure design templates, presentation templates, and banner/ads templates. The Graphics can be utilized for the Template Use only if a paid Individual Licenses or Subscription are obtained and the limitations granted by the Individual Licenses and Subscriptions are respected. Also, if you would like to utilize the Graphics for the Template Use, you are required to add a significant value to the Graphics. For Templates, you cannot use the Graphics exactly as they are displayed on our Website. That kind of use is considered to be redistribution and that is not permitted by Vexels.

19.5. Mobile Apps & Software Use. Mobile Apps & Software Use refers to the use of the Graphics in mobile applications and desktop software intended for sale. The Graphics can be utilized in mobile apps and software that contain in-app purchases, display advertising, and use any other monetization means only if paid Individual Licenses or Subscriptions are obtained.

19.6. Logos & Corporate Identity Use. Logos & Corporate Identity Use refers to the use of Graphics intended for creation of a logo as part of it. You are allowed to copyright your logo that has been created using the Graphics, however, such a copyright will cover only your unique logo design and will not prevent other Vexels’ customers from using that particular item of the Graphics in their projects.

19.7. Editorial Use. Editorial Use refers to physical or digital publications that are intended for use only in relation to events that are newsworthy or of general interest to the public, including, but not limited to, books, e-books, textbooks, magazines, newspapers, guides, and blogs. Editorial Use graphics are strictly non-commercial licenses and cannot be used for profit-driven publications of any type.

 

20. Subscriptions and Individual Licenses: Limits and Regulations

20.1. Each type of the Individual Licenses and the Subscriptions offered by Vexels have different limits and regulations that depend on the intended use of the Graphics.

20.2. The table below provides an overview of the limits and regulations applicable to each type of use of the Graphics in relation to the types of the Individual Licenses and Subscriptions available through the Website.

USE	INDIVIDUAL LICENSES		Design Plans			Merch Plans
	Standard License	Merch License	Starter	Pro	Business	Merch	Merch Plus	Ultimate
ADVERTISING	10,000 prints	No limitations	10,000 prints per Graphic	10,000 prints per Graphic	No limitations	No limitations	No limitations	No limitations
MERCHANDISE	Not allowed	Lifetime	Not allowed	Not allowed	Not allowed	No limitations	No limitations	No limitations
TEMPLATES	200 sales	5,000 sales	200 prints per Graphic during the subscription period	200 prints per Graphic during the subscription period	5,000 prints per Graphic during the subscription period	No limitations	No limitations	No limitations
DOWNLOADS	N/A	N/A	30 per day, up to 100 per month	30 per day, up to 200 per month	300 per day, up to 2,000 per month	15 per day, up to 100 per month	30 per day, up to 200 per month	300 per day, up to 2,000 per month

These Terms and Conditions apply to purchases made after June 2018. Users who purchased the Design plan formerly known as "Pro plan" before June 1st of 2018 maintain their benefits and their licences do not change.

20.3. Individual License details. Vexels offers two types of Individual Licenses, namely, (i) the Standard License, and (ii) the Merch License. The Individual Licenses grants you the right to use a single and specific Graphic downloaded through the Website. Under the Individual Licenses, Vexels grants you a non-transferable, non-exclusive and non-sublicensable right to use the Graphics. The Individual Licenses are not subject to an expiration term. The Individual Licenses do not require you to attribute Vexels.

20.3.1. Standard License. The Standard License allows you to use the Graphics for the purposes of all five types of uses listed below without giving a specific attribution to Vexels. The Standard License is not subject to an expiration date. The payment for the Standard License is charged by Vexels per Graphic to be licensed under the Standard License. Permitted uses and coverage for the Standard License:

• Advertising Use. Up to 10,000 copies/prints/runs of the Graphic licensed under the Standard License can be utilized for the Advertising Use. Each Graphic licensed under the Standard License can be featured on TV broadcasts.

• Consumer Merchandise Use: Not allowed.

• Template Use. Up to 200 sales of templates containing a Graphic licensed under the Individual Standard License are permitted.

• Mobile apps & Software Use: no limitations.

• Logos & Corporate Identity Use: no limitations.

• Editorial use. Up to 10,000 copies of a Graphic licensed under the Individual Standard License can be made.

20.3.2. Merch License. The Merch License allows a larger number of prints/runs/copies of the item of the Graphics than the Standard License. Merch Licenses are not subject to an expiration term. The Merch license allows for Merch uses. The payment for the Merch License is charged one time per each Graphic licensed. Permitted uses and coverage for the Merch License:

• Advertising Use. Limitation: up to 200,000 copies/prints/runs of a Graphic licensed under the Merch License can be utilized for the Advertising Use. Each Graphic licensed under the Merch License can be featured on TV broadcasts.

• Consumer Merchandise Use: Unlimited prints.

• Template Use. Up to 5,000 sales of templates containing a Graphic licensed under the Merch License are permitted.

• Mobile apps & Software Use: no limitations.

• Logos & Corporate Identity Use: no limitations.

• Editorial use: Up to 200,000 copies of a Graphic licensed under the Merch License can be made, for non-commercial purposes.

21. Subscriptions

21.1. Types of Subscriptions. There are two major types of Subscriptions offered by Vexels, namely, (i) the Recurring Subscriptions and (ii) the Lifetime Subscriptions. The payments for Recurring Subscriptions are charged by Vexels on a monthly or annual basis, depending on your preference; in the case of Lifetime subscriptions, the payment is charged only one time. The Subscriptions offer the following benefits:

• You do not need to give attribution when using the Graphics (you get Royalty-free license);

• You get access to Premium Graphics exclusive for subscribers, according to your plan;

• You get direct downloads without captcha and time delays;

• You get access to our Online Tools and Services at no extra cost, according to your plan;

• You are entitled to a limited number of non-exclusive design requests according to your plan;

• No ads will be displayed on the Website; and

• You get priority customer support, according to your plan level.

Additional or differential benefits may be enabled depending on the type of subscription.

21.1.1. Recurring Subscriptions. There are six different Recurring subscription plans. Three are based on the Design experience: Starter, Pro, and Business, and three are based on the Merch experience: Merch, Merch Plus, and Ultimate. Each of these plans can be paid for either monthly, or annually, with payments deducted automatically from your payment method of choice.

21.1.1.1. Design-type Subscriptions. Designs, graphics, tools, and any Vexels product under Design-type subscriptions cannot be used for Merch purposes, like selling on Print-on-demand platforms, as digital product, or similar.

	Starter	Pro	Business
Downloads/mo	100	200	2,000
Support	24/7 support	24/7 support	24/7 support
Design Requests/mo	-	1	4
Priority on Requests	-	-	Yes
Editable SVGs	-	Yes	Yes
Mockup Generator	-	Yes	Yes
Logo Maker	-	Yes	Yes
Team and VA access	-	-	Yes
File Formats	AI, PSD, PNG	AI, PSD, SVG, PNG	AI, PSD, SVG, PNG
License Type	Professional Use [not valid for merch reselling]	Professional Use [not valid for merch reselling]	Professional Use [not valid for merch reselling]
Affinity compatible	Yes	Yes	Yes
PSD Mockups	Yes	Yes	Yes
No ads	Yes	Yes	Yes
Full Premium Library	Yes	Yes	Yes

21.1.1.2. Merch-type Subscriptions. Designs, graphics, tools, and any Vexels product under Merch-type subscriptions are allowed be used for Merch purposes, like selling on Print-on-demand platforms, or similar; they can be used for digital products as long as the graphics are modified enough to be unrecognizable as Vexels content.

21.1.1.2. Subscription to Our Tools. 

By purchasing a subscription to our tools, you will have unlimited access to the T-Shirt Maker, Mockup Generator, and Logo Maker. You will have unrestricted access to the graphics and resources available within the T-Shirt Maker, Mockup Generator, and Logo Maker. Please note that this access does not extend to designs that are not available within the tools. If you are interested in obtaining access to designs outside of the tools, you need to purchase a separate license or subscription. 

By purchasing a subscription to our tools, you are granted the right to use the T-Shirt Maker, Mockup Generator, and Logo Maker for commercial and merchandise purposes. 

Additionally, please be aware that a subscription to our tools does not grant you access to our Design Requests service. If you are interested in obtaining custom designs from our team of designers, you will need to purchase Design Requests individually.

Your use of our tools is subject to these terms and conditions, as well as any additional terms and conditions that may apply. We reserve the right to update these terms and conditions at any time, and it is your responsibility to review them periodically for any changes. Your continued use of our tools after posting any updates to these terms and conditions constitutes your acceptance of such changes.

21.1.1.3. Subscriptions to our Stores platform.

Subscription to the Vexels Store platform grants you access to the platform's tools, designs, and resources. You are allowed to use these resources, as well as your own designs, to create products for sale in your Vexels store. However, you are not permitted to use the designs you create for your Vexels store on any other print-on-demand platform.

Logistics, shipping, handling, and other fulfillment services for your store will be provided by Printful. This subscription includes access to the Vexels design library and tools but does not include access to Design Requests, which must be purchased separately if wanted.

As the owner of your Vexels store, you are responsible for setting up and managing your store and products, as well as promoting your store. Payments for your subscription will be made via PayPal on a monthly basis, with a minimum payment of 100 USD. You are also responsible for setting the prices for your products.

In return for its services, including maintenance of the store and access to designs and tools, You will receive 60% of the profit from your sales. Vexels will receive the remaining 40%. The costs of the items, the printing, shipping and everything else is covered by the rest of the revenue and starting cost of the product.

Please note that this is a Beta program, and your feedback is important for improving the product. By purchasing this subscription, you agree to provide feedback as requested by Vexels.

 

	Merch	Merch Plus	Ultimate
Downloads/mo	100	200	2,000
Design Requests/mo	2	4	8
Exclusive Requests	-	$150 per request	1st Free, then $140 per request
Prints	Unlimited	Unlimited	Unlimited
Licenses	Subscription-bound	Subscription-bound	Subscription-bound
Early Access	Long delay	Delayed	Immediate
Team and VA access	-	-	Yes
Welcome Bundle	Basic	Advanced	Exclusive
Signature designs	Allowed to be purchased	Included	Included
Affinity compatible	Yes	Yes	Yes
Products	T-shirts, KDP products, SVGs, all premium graphics	All unlocked	All unlocked
Tools	T-shirt Maker, Merch Digest	T-shirt Maker, Merch Digest, Mockup Generator	All available

21.2. Lifetime Subscriptions. Lifetime subscriptions are one-time payment, Merch-type subscriptions which grant a lifetime-value license per each downloaded graphic, and allows for lifetime access to our library and tools, corresponding to your plan of choice. There are multiple Lifetime Subscriptions: (i) Merch Lifetime, (ii) Business Lifetime, (iii) Merch Lifetime Lite, and (iv) Merch Lifetime Plus subscription. The table below provides an overview of the limits and regulations applicable to each Lifetime subscription.

	Merch Lifetime Lite	Merch Lifetime	Merch Lifetime Plus	Business Lifetime
Downloads/mo	200	200	2,000	2,000
Design Requests/mo	1	2	4	7
Design Request Availability	First two years of subscription	Unlimited.	First two years of subscription.	Unlimited.
Exclusive Requests	$150 per request	$150 per request	1st Free, then $140 per request.	1st Free, then $140 per request
Prints	Unlimited	Unlimited	Unlimited	Unlimited
Licenses	Lifetime	Lifetime	Lifetime	Lifetime
Team and VA access	-	-	Yes	Yes
Affinity compatible	Yes	Yes	Yes	Yes
Products	All unlocked	All unlocked	All unlocked	All unlocked
Tools	All available	All available	All available	All available

21.3. On Lifetime Plans: Given the nature of Lifetime plans, and of life itself, we establish some exceptions to the availability of our service in the long run in order to be coherent with the current state of affairs at any given time:

• Termination on behalf of the subscriber: Should the subscriber terminate his/her account after the moneyback term, the account will remain canceled until the subscriber decides to re-open it, at no extra charge.

• Acquisition of Vexels: Should Vexels be acquired by another company, we will do our best to honor the Lifetime plan commitment to its fullest extent. If this happens not to be possible, Lifetime subscribers who are past the 15-day warranty period will not be granted a refund.

• Acts of God: global catastrophes, epidemics, crippling country or region de-stabilization or any other external factors critical enough to hamper partially or totally Vexels' activities.

21.4. Registration of the Account. In order to sign up for the Subscriptions, you are required to create an account on the Website (the “Account”).

21.5. Cancellation of the Subscription. The Subscriptions can be cancelled at any time. The users can opt for a refund only if the cancellation of the Subscriptions is requested within 15 days commencing on the date of signing up for the first time for the chosen type of the Subscriptions, and the user must have downloaded no more than 30 graphics in that time period. If the Subscriptions are cancelled within such a time period of 15 days, the Graphics downloaded by the user will be erased from the Account and become unavailable.

21.5.1 Once the subscription is canceled The user loses all merch selling rights over Vexels designs and must take down all products currently available for sale made with Vexels designs and elements. To keep selling Merchandise Items or On-Demand products the user must keep an active account, or acquire Lifetime Licenses (Lifetime plans or Individual Licenses) on the Designs they wish to keep selling, otherwise it will be considered copyright infringement.

21.6. Customized plans. If your requirements exceed the above-described Individual Licenses and Subscriptions, feel free to contact Vexels support to discuss a custom plan that meets your particular business needs by writing to: info(at)vexels(dot)com or using the contact details indicated in Section 16 of this Agreement.

22. Grandfathered Users

PRO Users who subscribed prior to 21st June 2021 will be Grandfathered to the New Pro plan, and will enjoy all the full benefits of their original subscription of choice, for as long as they keep said subscription active. Should they cancel their plan and purchase a new one after said date, they will enjoy the benefits of the current plans, as stated in the Plans page.

MERCH AND BUSINESS users who subscribed prior to 21st June 2021 will enjoy all the full benefits of their original subscription of choice, for as long as they keep said subscription active.

To check limitations for Merch and Business plans purchased before 21st June 2021, please check the following table.

USE	INDIVIDUAL LICENSES		SUBSCRIPTIONS
	Standard License	Lifetime License	Pro Subscription	Merch Subscription	Business Subscription	Merch Lifetime Subscription	Business Lifetime Subscription
ADVERTISING	10,000 prints	200,000 prints	10,000 prints per Graphic	10,000 prints per Graphic	200,000 prints per Graphic	No limitations	No limitations
MERCHANDISE	Not allowed	Lifetime	Not allowed	1000 prints per Graphic during the subscription period	5,000 prints per Graphic during the subscription period	No limitations	No limitations
TEMPLATES	200 sales	5,000 sales	200 prints per Graphic during the subscription period	200 prints per Graphic during the subscription period	5,000 prints per Graphic during the subscription period	No limitations	No limitations
DOWNLOADS	N/A	N/A	30 per day, up to 200 per month	30 per day, up to 200 per month	300 per day, up to 2,000 per month	30 per day, up to 200 per month	300 per day, up to 2,000 per month

The features presented in this table apply to purchases made between July 2018 and May 2021. Users who purchased the Pro plan before June 1st of 2018 maintain their benefits prior to that date and their licences do not change.

23. Upgrade Refund Policy

Beyond the 15-days money back period, users who upgrade their plan have the benefit of being issued a refund based on how long they have been users of our platform. The Upgrade Refund terms and conditions are as follow:

23.1. From Monthly plans to Annual or Lifetime Plans:

We will refund the last month of the subscription.

23.2 From Annual plans to Annual plans or Lifetime plans:

23.2.1.If the user was 1 to 6 months into the Annual Plan: 50% of the Annual plan payment will be refunded.

23.2.2. If the user was 6 to 12 months into the Annual Plan: The remaining months up until the year will be refunded. For example, if you cancel at the 7th month, you will be refunded the 5 remaining months.

23.3. From Merch Lifetime plan to Business Lifetime plan:

23.3.1. Until further notice, everyone that has a Merch Lifetime plan and wishes to upgrade to a Business Lifetime plan will be able to claim a refund on their last purchase, regardless when it was purchased.

23.3.2 To do it, buy the upgrade first, let the team know the transaction was made (via e-mail or our live chat) and allow 3 business days for the refund to be processed manually.

24. Design requests

Design Requests are a core feature of Vexels' subscriptions that allow users to request for a design they either can't find or would like to exist in the Vexels Library, which the Vexels Design Team will design for them, under certain conditions. Vexels has the right at all times to reject a Design Request if it's considered not to be either appropriate or useful for the site.

24.1. All the requests will follow these criteria:

• The design you receive is always going to be a Vexels version of what you asked for, never an identical copy of any reference you might have sent or any description that you have asked for
• All designs are going to be influenced by our designers’ unique style
• They will be sent to subscribers in the format Vexels considers suitable for the type of design.
• There will not be Design revisions, except rare and select cases.
• When requesting sets of images, we might do smaller collections than what the references show, depending on the complexity. A member of our team will contact you about this so both parts are on the same page before moving forward.

24.2. A request will be rejected if:

• It asks for a specific logo or individual project that would not be useful as relevant content for the site
• It includes trademarked or copyrighted content
• It’s borderline infringing in copyright, trademark or otherwise legally questionable content
• It asks for content that is sexually explicit, defamatory, abusive, profane, hateful, ethnically, racially, borderline or otherwise objectionable.
• It asks for a design that is identical or very similar to what is already available on the site.
• It does not fit Vexels' internal, non-disclosed criteria for design

24.3. Design Requests’ Intellectual Property

The intellectual property of the designs created through the Design Request process is of Vexels and will always remain to be so.

Subscribers who request a design accept that they do not own the intellectual property of the designs created via the Design Request Feature.

24.4. Design Request Limits

Depending on which type of subscription you have is the limit of requests you can do per month. Refer to Section 21.1.1.1. for Design-type subscription limits and to Section 21.1.1.2. for Merch-type subscription limits.

*(Merch users who subscribed before April 1st 2019, are entitled to 3 design requests per month)

24.5. Design Request Turnaround Time

Design requests usually take between 4 to 5 business days to get delivered after the request is approved by Vexels.

However, there might be occasions where designs can be delayed further. In such cases, Vexels will contact the user affected.

24.6. Design Request Revisions

Design Requests don’t have revisions, except typography mistakes or very exceptional cases.

24.7. Liability

Vexels will not be held liable for any rejections, takedowns, suspensions, terminations or any kind of activity that happens to users' Merch accounts on any given platform. Each Merch account owner is the sole responsible for reading and understanding particular politics of each POD, the use of our designs, their accounts and the product information they submit.

24.7.1. Our designs and brand are not affiliated or partnered with any Print on Demand site. ​

24.7.2. We provide many editable designs since some POD sites only accept unique designs. We are not responsible for the misuse of our products or services.

25. On-Demand Products

The Lifetime Individual Licenses and the Merch-type Subscriptions can be used to sell products that use the Graphics for the purposes of a third party customization on a made-to-order basis, including postcards, mugs, t-shirts, posters, and puzzles (the “On-Demand Products”).

The On-Demand Products can be sold in online on-demand marketplaces, including, but not limited, to Merch by Amazon, Etsy, Printful, Zazzle, CafePress, and Kindle Direct Publishing (KDP).

26. User of the Platform

Vexels grants its Active and Deactivated users a non-transferable, non-exclusive and non-sublicensable license to use the Graphics and allowed tools of its platform, where conditions apply.

The license to use the Graphics cannot be transferred or sublicensed to any third parties, except for users’ employers, customers, or subcontractors. If Individual Licenses or Subscriptions are purchased on behalf of a client or an organization, the Graphics can be used by the client or employees of the organization, subject to the terms and limitations stated in this Agreement.

Users’ subcontractors, including, but not limited to, publishers, printers, and mailing houses, are allowed to use the Graphics under the Individual Licenses and the Subscriptions for the sole purpose of distributing the project for which the Graphics were downloaded.

27. Prohibited use of the Graphics

27.1. The Graphics distributed by Vexels bear a copyright and withhold authorship. You are not allowed to sublicense, resell, redistribute or rent the Graphics published on the Website in full or in part as your own property.

27.2. You are not allowed to publish the editable source files of the Graphics, including any vector graphic format, included but not limited to .AI, .SVG, .EPS or .PDF, in their original form or with small modifications. Vexels considers the publishing of such editable source files of the Graphics redistribution and strictly prohibits such practices.

27.3. In case of your failure to comply with any provisions of this Agreement, Vexels reserves the right to immediately revoke all Individual Licenses and Subscriptions granted to you without a prior notice. Under such revocation, you agree to: (i) immediately stop using the Website and the Graphics; and (ii) delete and destroy all copies of the Graphics from all media.

27.4. You are not allowed to use the Graphics in any way that:

• Violates any applicable laws, including intellectual property rights of others;
• Spreads malware (e.g., viruses, worms, Trojan horses);
• Is ethnically, racially, or otherwise objectionable;
• Is sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene;
• Spreads spam or other illegal messaging; and
• Copies, distributes, rents, resells, modifies, compromises, damages, disables, impairs, and overburdens the Website.

27.5. Liability of ill use of Vexels products

The User is the sole liable for any incurrence into prohibited uses of Vexels graphics and products.

28. Prices and Payments

28.1. The prices of the Individual Licenses and Subscriptions (the “Prices”) are specified on the Website at the moment of your purchase or communicated to you in writing.

For more information about the Prices, please visit https://www.vexels.com/plans

As of August 2020, the Prices are expressed in United States Dollars (USD), Euros (EUR) and Brazilian Real (BRL) and include all applicable taxes.

All payments to Vexels will be made in US Dollars.

28.2. In case Subscription Prices change, Vexels will notify its users in detail about such changes should it affect their accounts.

28.3. The payments can be made on the Website by using a credit card or a PayPal account (the “Payment Methods”). By making a payment through the Website, you authorize Vexels to charge the designated Payment Method for the total amount of the purchase.

28.4. The recurring fees for the Subscriptions are charged on a monthly or annual basis automatically, depending on your preferences. By purchasing a Subscription, you authorize Vexels to subsequently charge a recurring monthly or annual fee until the Subscription is canceled or expired.

28.5. By purchasing the Individual Licenses and the Subscriptions through the Website, you declare that you are solely responsible for paying all applicable taxes and fees, including, but not limited to, value added tax (VAT), credit card fees, foreign exchange fees, and cross border fees.

29. Free use

29.1. Vexels provides the users of the Website with a possibility to utilize some of the Graphics (except those marked as “Premium”) for free (the “Free Use”, “Free Graphics” or “Graphics for free”) through a non-registered guest user account or with a free account created anytime at no cost. The use of the Free Graphics is subject to the requirements listed in this Section.

29.2. Prohibited Uses

The Graphics available for Free on the Website are prohibited from being used for the purposes of (i) Template Use and (ii) Merchandise Use, where the Graphics is the main reason for purchasing a product (e.g., on templates, t-shirts, mugs, packaging, labels, and calendars).

29.3. Obligatory use

You must attribute Vexels as the creator of the graphic. If you would like to use the Graphics for Free, you are required to meet the below-mentioned attribution requirements.

29.4. Your failure to meet the requirements listed in Section 27 will be considered as an infringement of the intellectual property rights of the Company and may result in legal proceedings against you and the penalties provided by law, such as liability for monetary damages and imprisonment.

30. NFT use policy

Due to Vexels' designs being graphics and assets meant to be downloaded and used by multiple users, none of Vexels' assets are viable nor allowed to be used as NFTs or as part of an NFT in any type or form.

31. Affiliates

Vexels has an Affiliate program where people can earn money by recommending our product.

This program can be accessed here.

As of 24/02/2021, terms for this section are being worked on and will be updated when ready.

32. Contact Details

Vexels Inc. S.A.

Address: Almirante Harwood 6169

City: Montevideo, Uruguay

Phone number: +1 650 4526034

Email: info(at)vexels(dot)com

You can also contact us by using the “Contact Us” form available on the Website.

33. Amendments

We reserve the right to amend or modify this Agreement from time to time. In case you continue using the Website after receiving such a message or an email, you agree to the changes stated in the message or the email.

This Agreement was last amended on December 27th, 2022.