Terms and conditions

Terms of use
Licensing & Subscriptions

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 provisions of the Terms, please do not use the Website.

2. About the Website

2.1. The Website is a Merch services platform featuring Store creation service, 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, its Tools, Services, 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.

Any graphics from 'Vector Open Stock' are the property of Vexels. Vector Open Stock is the former name of Vexels, and all of its contents are owned by Vexels.

• 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. Registration of user accounts

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

5.2 Your Account is not transferable.

5.3. 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.

6. Termination of user accounts

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

6.2. In order to terminate your user account, contact the Company by writing an email to info(at)vexels(dot)com.

6.3. 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.

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

7. Privacy

7.1. 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/.

8. Availability

8.1. We put reasonable efforts to ensure that the Website is always available. Nevertheless, we cannot guarantee that the Website will always be 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.

9. Disclaimer of warranties

9.1. 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.

10. Limitation of liability

10.1. 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.

11. Indemnification

11.1. 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.

12. Links

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

13. Governing Law

13.1. The Terms shall be governed by the laws of Uruguay.
13.2 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.

14. Customer support

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

• Contacting our live chat on our website.

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

15. User of the Platform

15.1 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.

15.2 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.

15.3 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.

Graphics

16. What purposes can Graphics be used for?

16.1. 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 indicated in Section 16 of this Agreement in advance for obtaining our prior consent.

16.2. 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 16.3.).

16.3. 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.

16.4. 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. 

16.5. 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.

16.6. 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.

16.7. 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.

17. Prohibited use of the Graphics

17.1. 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.

17.2. 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, .PSD 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.

17.3. 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.

17.4. 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.

17.5. Liability of ill use of Vexels products: The User is the sole liable for any incurrence into prohibited uses of Vexels graphics and products.

18. Modification of the Graphics

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

18.2. 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.

18.3. 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.

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

19. AI-Generated Graphics

19.1 By utilizing the AI-Images Creator available at the "T-Shirt Maker" tool or the “AI Merch Maker”, you acknowledge that this tool employs advanced artificial intelligence algorithms to generate graphics and images. These generated graphics are intended for use in various creative projects, including but not limited to merchandise. It is essential to emphasize that while Vexels takes strong measures to ensure that the AI-generated images do not infringe upon existing copyright, trademark, or intellectual property rights, the final responsibility for verifying the absence of any trademarked elements lies with the end user.

20. Copyright Compliance and Usage of AI-Generated Graphics

20.1 We emphasize that you, as the final user of the AI-Images Creator available at the "T-Shirt Maker" tool, must exercise due diligence in ensuring that the AI-generated images are free from any trademarked or copyrighted elements that may inadvertently infringe upon the rights of third parties. While Vexels aims to provide high-quality, original AI-generated content, we encourage you to review and assess each graphic's appropriateness for your intended use, particularly in contexts that involve branding, merchandise, or commercial distribution.

20.2 Your use of the AI-Generated Graphics signifies your acceptance of these terms and conditions, as well as any future updates or modifications that may be made. It is recommended that you regularly review these terms to stay informed of any changes that may impact your usage of the tool.

21. Notification of copyright infringement

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

21.2 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 this document. 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.

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

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

21.5 Vexels does everything within its power to ensure that the graphics do not violate any copyright or trademark policies. However, we are not legally responsible if a user encounters any legal issues related to this. Users are solely responsible for their use of the content, without exception

22. Free use

22.1. 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.

22.2 Prohibited Uses

22.2.1 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).

22.3 Obligatory use

22.3.1 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.

23. NFT use policy

23.1 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.

24. On-Demand Products

24.1 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”).

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

26. Infringement

26.1 Your failure to meet the requirements listed in Sections 17-26 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.

27. Liability

27.1 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.

28. Contact Details

Vexels Inc. S.A.

Address: Almirante Harwood 6169

City: Montevideo, Uruguay

Email: info(at)vexels(dot)com

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