TERMS OF SERVICE
HUMANMADE™ DESIGN CLUB
Effective Date: 23/02/2026
1. Legal Identity
HUMANMADE™ DESIGN CLUB (“HUMANMADE”, “HMMD”, “we”, “us”, “our”) is an independent design studio headquartered in Brazil, operating internationally.
These Terms of Service (“Terms”) govern all services provided by HUMANMADE™ to its clients (“Client”, “you”).
A binding contractual relationship is formed when the Client:
Signs a proposal, quotation, or Statement of Work (“SOW”);
Approves a written commercial agreement; or
Remits payment for services.
Where required for formal contracting, invoicing, or regulatory purposes, full legal entity details may be disclosed directly to the Client under a separate agreement or commercial document.
2. Nature of Services
HUMANMADE™ DESIGN CLUB provides strategic and creative services, including but not limited to:
Product design (digital and physical)
UX/UI design
Branding and identity systems
Industrial design
Prototyping
Content production
Creative direction
Visual, audiovisual, and multimedia assets
Strategic consulting
The exact scope, deliverables, timelines, and fees shall be defined in an SOW or Proposal. If there is a conflict, the SOW prevails.
3. Commercial Model
Unless otherwise agreed in writing:
A non-refundable deposit (typically 50%) is required before project initiation.
Remaining balance is due according to agreed milestones or upon delivery.
Invoices are payable within 10 calendar days.
Late payments may accrue interest at 1% per month plus monetary correction as permitted under Brazilian law.
Services may be suspended in case of non-payment.
All taxes, including international withholding taxes, are the Client’s responsibility unless otherwise agreed.
4. Intellectual Property Rights
4.1 Ownership Transfer
Upon full payment:
Final approved deliverables become the property of the Client.
Ownership transfer applies only to final selected deliverables.
Preliminary concepts, drafts, rejected proposals, and methodologies remain property of HUMANMADE™.
4.2 Retained Rights by HUMANMADE™
HUMANMADE™ retains:
All pre-existing intellectual property
Tools, frameworks, systems, templates, processes
Portfolio and showcase rights (see Section 5)
4.3 Moral Rights (Brazil-Specific Clause)
To the extent permitted by Brazilian law, the Client acknowledges that authorship rights remain with HUMANMADE™, and economic rights are transferred upon full payment.
5. Portfolio, Publicity & Media Rights
This is critical based on your request.
Unless expressly agreed otherwise in writing:
The Client grants HUMANMADE™ a worldwide, perpetual, irrevocable, royalty-free license to:
Display final deliverables in portfolios
Publish case studies
Use client name, logo, and project description
Produce marketing materials referencing the project
Create audiovisual, written, photographic, and multimedia content about the project
Share work on website, social media, press releases, awards submissions, and promotional materials
This includes before-and-after visuals, strategic breakdowns, and behind-the-scenes documentation.
Confidential information explicitly marked as confidential will not be disclosed.
If the Client requires embargo or NDA restrictions, such limitations must be agreed in writing before project commencement.
6. Confidentiality
Both parties agree to maintain confidentiality regarding proprietary, strategic, technical, or financial information not publicly available.
This obligation:
Survives termination for 5 years.
Does not apply to information already public or required by law to be disclosed.
7. Client Responsibilities
The Client agrees to:
Provide accurate and lawful materials
Ensure they have rights to all materials supplied
Provide timely feedback
Designate a decision-maker
Delays caused by Client inactivity may adjust deadlines and budgets.
8. Regulatory & Commercial Disclaimer
HUMANMADE™ does not guarantee:
Commercial success
Regulatory approval
Patentability
Investment outcomes
Market performance
The Client is solely responsible for product commercialization, compliance, and regulatory obligations in their jurisdiction.
9. Limitation of Liability
To the maximum extent permitted by Brazilian law and international commercial standards:
HUMANMADE™’s total liability shall not exceed the total fees paid under the relevant project.
HUMANMADE™ shall not be liable for:
Indirect damages
Loss of profits
Business interruption
Loss of opportunity
Reputational damages
Nothing excludes liability for willful misconduct (dolo) or gross negligence (culpa grave) where legally non-waivable.
10. Indemnification
The Client shall indemnify and hold HUMANMADE™ harmless against claims arising from:
Client-provided materials
Product misuse
Regulatory violations
Intellectual property infringement related to Client assets
11. International Clients
For international engagements:
Payments shall be made in USD, EUR or BRL.
The Client is responsible for currency conversion fees.
Withholding taxes shall not reduce agreed fees.
12. Data Protection (LGPD Compliance)
If HUMANMADE™ processes personal data on behalf of the Client:
The Client acts as Data Controller.
HUMANMADE™ acts as Data Operator under LGPD.
Processing shall be limited to the scope of services.
A separate Data Processing Agreement (DPA) may be executed when necessary.
A separate Privacy Policy governs data practices
13. Termination
Either party may terminate with written notice.
Upon termination:
Deposits are non-refundable.
The Client must pay for work completed up to termination.
Rights transfer only after full payment.
14. Force Majeure
HUMANMADE™ shall not be liable for delays or failure due to events beyond reasonable control, including governmental acts, infrastructure failure, natural disasters, war, or cyber incidents.
15. Independent Contractor Status
Nothing herein creates partnership, joint venture, or employment relationship.
16. Governing Law & Jurisdiction
These Terms are governed by the laws of the Federative Republic of Brazil.
The parties elect the courts of Curitiba, Paraná – Brazil as exclusive jurisdiction, waiving any other forum required by mandatory international law.
17. Entire Agreement
These Terms, together with the SOW, constitute the entire agreement between the parties.
The Best,
HUMANMADE™
Vincent Caetano
– Co-Founder
Victor Yuski
– Co-Founder
