Terms of Purchase, Use, Cancellation, and Refund
These Terms govern the purchase, access, use, cancellation, and refund of digital products, user licenses, and services purchased from ByMariana. Upon completing the purchase, the customer declares that they have read these terms and agree to the rules applicable to the purchased product or service, without prejudice to the rights guaranteed by Brazilian law.
1. Right of Withdrawal
For purchases made online, consumers may exercise their right of withdrawal within the statutory period of 7 (seven) days, pursuant to Article 49 of the Consumer Protection Code.
When the digital product offers the option VIEW, the customer can use it to review the content before copying, downloading, or transferring the asset to their account or editing environment.
Access to, copying, downloading, duplication, or transfer of digital content may be logged by the system for security purposes, to verify the availability and use of the license, to prevent fraud, and to ensure the proper exercise of rights. These records, in and of themselves, do not negate rights guaranteed by law and will be taken into account when reviewing any request for cancellation or refund.
2. Digital Products, Access, and License Agreements
The purchase of a digital product does not transfer to the customer the copyright to the work, design, files, graphic elements, vectors, text, structures, or other assets made available. The purchase grants only the license to use the product as specified in the offer and under the terms and conditions listed on the product page.
Unless expressly authorized, the license does not permit resale, redistribution, public sharing, sublicensing, making the original file available to third parties, reproduction for the creation of competing products, or use beyond the contracted limits.
The files may contain digital signatures, codes, custom vectors, technical marks, or other mechanisms for identifying authorship, origin, and licensing—whether visible or not—used to protect the collection and verify authorized use.
3. Cancellation and Refunds for Digital Products
Requests for cancellation or to exercise the right of withdrawal must be reviewed in accordance with applicable law, the nature of the product purchased, and the technical records available in the system.
When a refund is issued, access to the product may be blocked immediately and the corresponding license will be terminated. After cancellation with a refund, the customer may not continue to use, reproduce, edit, share, distribute, publish, or commercially exploit the assets provided through the canceled purchase.
Any use of the content after the license has expired may be treated as unauthorized use and may result in the necessary measures to protect copyrights and contractual rights, including notification to the platforms where the material is being used, without prejudice to any other applicable measures.
4. Customized services and on-demand projects
Design, development, customization, consulting, or other on-demand services are carried out on a progressive basis. If the client requests cancellation before completion, we will assess the portion of the work that has actually been completed, the deliverables provided, the approvals received, and the costs already incurred.
Where legally applicable, any refund will be calculated based on the portion of the service that has not yet been performed. Phases that have been completed, delivered, or formally approved may be taken into account when determining the amount corresponding to the work already performed, subject to consumer rights and the laws applicable to the specific case.
Work files, studies, drafts, concepts, layouts, visual proposals, and other development materials remain protected by copyright and may not be used or reproduced without authorization or the corresponding license.
5. Cancellation Request
The request must be submitted in writing to [email protected], preferably including the order number, the buyer's name, and the email address used for the purchase.
Upon receipt of the request, we will verify the purchase details, the type of product or service, access logs (when applicable), and the conditions required to process the order.
6. Method and Deadline for Refunds
When a refund is due, it will be processed through the payment method used for the purchase whenever technically possible. The time it takes for the refund to become available to the customer may depend on the card issuer, financial institution, payment processor, or method used for the transaction.
ByMariana will process the chargeback or refund after the cancellation is approved, in accordance with the processing times of the respective payment method and the applicable consumer protection regulations.
7. Protection of Personal Data
The personal data provided during the purchase, authentication, payment, access to the members-only area, customer support, and use of products may be processed for purposes related to the completion of the purchase, provision of content, compliance with legal and tax obligations, fraud prevention, transaction security, customer service, and the regular exercise of rights.
Data processing will comply with the Law No. 13,709/2018 – General Personal Data Protection Law (LGPD) and the store’s Privacy Policy. Only data that is appropriate and necessary for the applicable purposes will be collected and retained, in accordance with the data subject’s rights and the relevant legal bases.
Technical logs regarding access, authentication, copying, downloading, or use of digital assets may be maintained when necessary for security purposes, to verify contractual performance, to prevent misuse, or to defend rights.
8. Intellectual Property and Misuse
All content made available by ByMariana remains protected by copyright law and other regulations applicable to intellectual property.
The use of files, designs, templates, elements, vectors, structures, or other assets without a valid license, beyond the contracted limits, or after cancellation with a refund may result in the blocking of access, revocation of the authorization to use such materials, a request for content removal from platforms, and the adoption of appropriate extrajudicial or judicial measures, pursuant to the Law No. 9,610/1998 and other applicable regulations.
9. Additional Information
The specific rules for each product, license type, access period, delivery method, and any additional conditions listed on the offer page are incorporated into these Terms.
For questions regarding the purchase, cancellation, support, or use of our products, please contact us through the channels listed below:
Email: [email protected]
Phone: +55 71 99627-2901