LICENÇA DE USO DE IMAGENS ASHA

Dear ASHA Digital Canvas Customer,

The following terms constitute a legal agreement between you and ASHA Digital Canvas and establish the conditions governing the use of images licensed through ASHA.

IMPORTANT: By purchasing a license to use an image, you acknowledge that you have read, understood, and agreed to the terms of this License.

1. PURPOSE

This Image Use License (“License”) establishes the terms and conditions applicable to the use of images made available by ASHA Digital Canvas (“ASHA”) and licensed by the customer (“Licensee”) through ASHA’s website or other official channels.

Purchasing a license does not constitute the sale, assignment, or transfer of ownership of the Image or of the applicable copyrights.

The Licensee receives only the rights of use expressly granted under this License.

2. DEFINITIONS

2.1. Image: any photograph, illustration, painting, digital artwork, composition, image generated or produced by digital means, or other visual content made available by ASHA for licensing.

2.2. Licensee: the individual or legal entity that has legitimately purchased a license to use a specific ASHA Image.

2.3. Project: a specific work, property, unit, or development in which the Image will be used.

For purposes of this License, an entire residence, house, apartment, commercial unit, office, clinic, store, development unit, or other individually identifiable physical space shall be considered a single Project, even if the Image is used in multiple rooms, areas, or locations forming part of that same Project.

Accordingly, all areas forming part of the same residence or unit constitute a single Project. Likewise, all areas forming part of a particular apartment constitute a single Project.

Physically separate properties, units, establishments, or spaces constitute separate Projects, even when they belong to the same client, development, company, or professional.

2.4. Product Type: a specific category of handmade product to which the Image is applied for independent commercial sale, such as framed prints, cushions, bags, fabrics, or other categories. Each Product Type requires a separate license.

2.5. Reproduction: any copy, print, application, or physical or digital representation of the Image.

2.6. Project Result: the final environment, space, object, element, composition, or overall result into which the Image has been incorporated in accordance with this License.

3. OWNERSHIP AND COPYRIGHT

ASHA and/or the respective rights holders retain the copyrights and other intellectual property rights relating to the images to the extent recognized under applicable law.

Purchasing a license does not grant the Licensee ownership of the Image or the right to claim authorship of it.

All rights not expressly granted under this License remain reserved by ASHA and/or the respective rights holders.

4. NATURE OF THE LICENSE

The license granted by ASHA is:

non-exclusive;
worldwide;
valid for an indefinite period, provided that the terms of this License are observed.

The same Image may be licensed by ASHA to other customers and for other Projects or Product Types.

Purchasing a license does not grant the Licensee any exclusive rights to the Image.

Custom creation of exclusive images is a separate service and shall be subject to a separate agreement.

5. LICENSE PER PROJECT

Each license intended for a Project authorizes the use of the Image exclusively in one Project at a time.

The Image may be used as many times as necessary within the same Project, including in different rooms, locations, surfaces, objects, or applications that form part of that Project.

There is no limit on the number of reproductions of the Image within the same Project, provided that such reproductions are genuinely related to the licensed Project.

The same license may not be used simultaneously in separate Projects.

Example: using the same Image in ten rooms of the same residence constitutes use within a single Project and is covered by the same license.

By contrast, using the same Image in ten separate apartments constitutes use in ten different Projects, even if they belong to the same client, development, or professional, and a corresponding license is required for each Project.

The license may be transferred to another Project in accordance with Section 6 of this License.

6. TRANSFER OF THE LICENSE TO ANOTHER PROJECT

A license intended for a Project may be transferred by the Licensee to another Project, provided that use of the Image in the originally licensed Project has ended.

The transfer may be made without prior notice to or authorization from ASHA, and the Licensee is responsible for complying in good faith with the conditions established under this License.

Following the transfer, the Image may be used in the new Project under the same conditions provided by this License. The same license may not be used simultaneously for more than one Project.

Physical reproductions of the Image that have already been produced and incorporated into the Project Result of the originally licensed Project may remain in that Project and continue to form part of it.

Transfer of the license between Projects does not constitute a sale, assignment, sublicense, or transfer of the license to another person. The holder of the license remains the same.

7. AUTHORIZED USES IN PROJECTS

The Licensee may:

a) use the Image as a visual or decorative element;

b) physically reproduce the Image;

c) apply the Image to framed prints, canvases, panels, coverings, fabrics, surfaces, furniture, objects, or other elements related to the Project;

d) resize, crop, reframe, and make technical adaptations necessary for its use;

e) engage third parties for printing, manufacturing, finishing, framing, installation, or similar services;

f) incorporate the Image into architectural, interior design, decoration, set design, or other applications related to the Project;

g) use the Image in presentations, project documentation, moodboards, renders, plans, images, and materials intended for the presentation, development, or execution of the Project;

h) photograph or film the Project after completion;

i) publicize the Project, including on websites, portfolios, social media, commercial presentations, competitions, awards, and professional promotional materials.

8. USE BY PROFESSIONALS

Architects, interior designers, decorators, studios, firms, and other professionals may use the Image in Projects developed for their clients.

The professional may charge fees or other amounts for their services.

Use of the Image within the Project shall not be considered resale of the Image, even if the Project has a commercial purpose.

The end client may receive the Project Result containing the Image but shall not receive the digital file or acquire the right to use the Image in another Project.

9. HANDMADE PRODUCTS AND PHYSICAL REPRODUCTION FOR COMMERCIAL SALE

The Image may be used to create handmade or small-scale manually produced products, including for independent commercial sale, provided that the conditions of this Section are observed.

For handmade products intended for independent commercial sale:

a) each Product Type requires a separate license;

b) each license authorizes the production and sale of up to 50 (fifty) units of that Product Type using the licensed Image;

c) the maximum quantity of 50 units applies separately to each Product Type;

d) production of another Product Type requires a new license, even when the same Image is used;

e) a single license may not be used to produce different Product Types;

f) the limit of 50 units per Product Type and per license may not be exceeded.

Example: one license may authorize the production of up to 50 framed prints using a particular Image. To also produce cushions using the same Image, another license is required, which may authorize up to 50 cushions. Likewise, a third license is required to produce bags, up to a limit of 50 units.

Industrial, mass, or large-scale production, or production through manufacturing processes intended for broad market distribution, is not permitted.

Producing more than 50 units of the same Product Type under the same license is also prohibited.

When the Image is incorporated into a physical element that forms part of the licensed Project, the 50-unit limit established in this Section does not apply. In such cases, the Project license rules set forth in Section 5 shall apply, provided that the element is genuinely related to the Project.

Physical elements incorporating the Image may be supplied or sold to the client when such elements have been produced specifically as part of the licensed Project.

However, it is prohibited to:

sell the Image as a standalone work;
sell or transfer the digital file of the Image;
make the Image available for download;
sell reproductions of the Image intended for Projects other than the Project covered by the license;
produce standardized or serially manufactured products outside the handmade and small-scale production limits established in this Section;
use the Image as a standalone product or catalog item outside the conditions of this Section;
use a license for one Product Type for another Product Type.

Simply adding a frame, border, text, logo, or other secondary element does not make a commercial reproduction of the Image an authorized use when the product falls outside the conditions of this License.

10. SUPPLIERS AND SERVICE PROVIDERS

The Licensee may temporarily provide the digital file to suppliers or service providers when necessary to carry out an authorized use.

The supplier may use the file exclusively to perform the service requested by the Licensee.

The supplier may not use the Image for other clients, Projects, Product Types, or purposes.

Providing the file does not constitute an assignment or sublicense of the rights of use.

11. DIGITAL USE AND PUBLICATION OF THE PROJECT

The Image may be used digitally when incorporated into or presented as part of the Project, including in:

websites;
portfolios;
social media;
presentations;
renders;
project images;
photographs;
videos;
institutional materials;
Project promotional materials;
competitions and awards related to the Project.

The Project may be publicized even after completion and may remain available on the digital channels of the Licensee, the Licensee’s client, or professionals involved in the Project.

The Image must be presented as an integral part of the Project and may not be made available in a manner that allows it to be obtained and independently reused.

Making the original file or an equivalent digital reproduction available through stock image libraries, digital libraries, download platforms, file-sharing groups, or similar systems is prohibited.

Publishing the Image on its own for the purpose of making it available as a visual resource for third parties is also prohibited, even if such publication occurs on a website, social media platform, portfolio, or other digital platform.

Publishing photographs, videos, or images of the Project containing the incorporated Image does not constitute making the Image available for independent reuse.

12. MODIFICATIONS

The Licensee may make technical adaptations necessary to use the Image in the licensed Project or Product Type, including:

resizing;
cropping;
reframing;
changing proportions;
resolution adjustments;
color, brightness, or contrast adjustments.

Creating derivative versions intended for independent commercial exploitation of the Image outside the uses expressly authorized under this License is prohibited.

Use of the modified Image in another Project or Product Type without the corresponding license is also prohibited.

13. ARTIFICIAL INTELLIGENCE AND GENERATIVE SYSTEMS

ASHA Images may not be used:

a) to train, develop, fine-tune, or improve artificial intelligence or machine learning models;

b) to create or populate datasets intended for image-generation systems;

c) as training or conditioning material for generative models;

d) to generate new images or works intended for independent exploitation of the licensed Image;

e) to develop, test, or validate systems intended for automatic image generation;

f) as a reference image, input, or source material for creating commercial content independent of the licensed Image.

Digital tools may be used solely for editing, preparing, or technically adapting the Image to the licensed Project or Product Type, provided that the tool used does not reuse or make the Image available for any purpose incompatible with this License.

14. PROHIBITION ON RESALE AND REDISTRIBUTION

The license does not authorize the sale, resale, sublicensing, assignment, donation, lending, or distribution of the Image as a standalone work, file, or reproduction, except for the sale of handmade products expressly authorized under Section 9.

Making the Image available in a manner that allows third parties to obtain, copy, or reuse it outside the licensed Project or Product Type is also prohibited.

Delivery or sale to the client of the Project Result or physical elements incorporating the Image does not constitute prohibited resale when such elements have been produced specifically for the licensed Project.

15. TRADEMARKS AND INDICATION OF COMMERCIAL ORIGIN

The Image may not be used, in whole or in part, as:

a trademark;
a service mark;
a logo;
a symbol;
a visual identity;
an element intended to identify the commercial origin of products or services.

The Licensee may not register the Image, or any substantial element of it, as a trademark or other intellectual property right.

16. AUTHORSHIP AND CREDIT

The Licensee may not state or suggest that they created the Image or are its original owner.

ASHA recommends, but does not require, crediting ASHA when the Image is displayed in portfolios, social media, websites, or other promotional materials relating to the Project or authorized products.

When used, the credit may appear as:

“Image: ASHA Digital Canvas”

or in another form indicated by ASHA.

Failure to provide credit does not, by itself, constitute a violation of this License.

17. INCOMPATIBLE USES

The Image may not be used:

in pornographic content;
in defamatory content;
in illegal content;
in a manner that infringes third-party rights;
in a misleading manner or in a manner that falsely attributes authorship or origin;
in any context that could create an improper association between ASHA or its authors and any particular person, product, service, or statement.

18. STORAGE AND BACKUP COPIES

The Licensee may store the digital Image file and maintain backup copies for as long as reasonably necessary for the authorized use or execution of the licensed Project or Product Type.

The file may be temporarily provided to suppliers or service providers exclusively when necessary to carry out an authorized use in accordance with this License.

Copies of the file may not be made publicly available or provided to third parties for use outside the limits of this License.

When a Project license is transferred to another Project, the Licensee must cease using the file for new applications related to the previous Project and thereafter use it exclusively for the new Project.

The Licensee shall not be required to delete files or records that are reasonably necessary to demonstrate the purchase of the license, its terms, or the history of the Project or authorized production, nor copies required to be retained by law.

The existence of stored files does not, by itself, authorize their use in another Project or Product Type. Use of the Image remains subject to the limitations of this License.

19. BREACH OF LICENSE

Use of the Image in violation of this License constitutes unauthorized use.

In the event of a violation, ASHA may require the unauthorized use to cease, improperly distributed files to be removed, and any other appropriate measures to be taken in accordance with applicable law.

A violation may result in termination of the license, without prejudice to any other rights of ASHA and/or the respective rights holders.

20. TERM AND TERMINATION

The license is granted for an indefinite period and shall remain valid as long as the Licensee complies with its terms.

In the event of a material breach of this License, ASHA may terminate the license by providing notice to the Licensee, subject to applicable legal provisions.

Termination does not authorize the continuation of new uses of the Image that are not covered by rights already legitimately exercised, subject to the provisions of this License and applicable law.

21. REMOVAL OF AN IMAGE FROM THE CATALOG

ASHA may remove an Image from its catalog at any time.

Removal of an Image from the catalog shall not affect licenses properly purchased before its removal, which shall remain valid under the applicable license terms.

22. LICENSE IDENTIFICATION

Each purchase may be associated with a record containing, among other information:

identification of the Image;
Image code;
date of purchase;
identification of the Licensee;
identification of the Project, where applicable;
identification of the Product Type, where applicable.

Proof of purchase may serve as documentation identifying the license and its respective limitations.

Identification of the Project and/or Product Type is intended for license recordkeeping and control purposes and is not a condition for the validity of the license when the applicable use can be identified by other means.

23. ELECTRONIC ACCEPTANCE

Purchasing the license through acceptance of these terms constitutes the Licensee’s agreement to this License.

ASHA may maintain electronic records of the purchase, including the date, Image identification, stated Project, stated Product Type, authorized quantity, transaction data, and the version of the terms accepted by the Licensee.

24. RELATIONSHIP WITH THE TERMS OF SERVICE

This License specifically governs the rights to use ASHA Images.

Conditions relating to website operation, registration, purchasing, payment, delivery, downloading, cancellation, refunds, customer service, privacy, and other aspects of the commercial relationship shall be governed by ASHA’s Terms of Service and other policies.

In the event of a conflict specifically concerning rights to use the Image, the provisions of this License shall prevail.

25. APPLICABLE LAW

This License shall be interpreted in accordance with applicable law, particularly Brazilian laws and regulations concerning copyright, intellectual property, contracts, and consumer protection, where applicable.

Nothing in this License is intended to exclude or limit consumer rights guaranteed by mandatory applicable law.

26. FINAL PROVISIONS

Any tolerance by ASHA regarding a breach of any provision of this License shall not constitute a waiver of the corresponding right.

If any provision is held to be invalid or unenforceable, the remaining provisions shall remain valid to the fullest extent permitted by applicable law.

This License constitutes the set of rules applicable to the use of the licensed Image, without prejudice to ASHA’s Terms of Service and other policies.

ASHA Image Usage License