Terms of Use and Service Agreement

This Addendum is incorporated into and governed by the Gaviso Terms of Use and Service Agreement.

Last Updated: May 7, 2025

This Addendum governs access to and use of GDM Studio, a subscription-based design service provided by Gaviso Digital Marketing, LLC (“Gaviso”). GDM Studio allows clients to submit unlimited graphic design requests under a flat-rate subscription plan, subject to the scope and terms defined herein. This Addendum is hereby incorporated into the Master Terms of Use and Service Agreement.

1. Scope of Service

1.1 Service Description. GDM Studio provides professional graphic design services on a subscription basis. Clients may request marketing assets, digital graphics, print materials, brand collateral, and other visual design work as outlined in their selected plan.

1.2 Unlimited Requests, Sequential Fulfillment. Subscriptions include unlimited design requests; however, fulfillment is handled one request at a time (or as otherwise specified in your plan). New requests are queued only after active items are completed or paused.

1.3 Exclusions. Services do not include:

• Standalone logo design (unless part of a branding package)
• UI/UX or app design
• Motion graphics or video production
• Software development or coding
• Long-form copywriting or legal/professional editing
• Regulatory compliance review

 

2. Turnaround and Revisions

2.1 Standard Turnaround. Most standard design requests are fulfilled within 1–3 business days, depending on complexity and volume. Turnaround times are estimated, not guaranteed.

2.2 Revision Policy. Reasonable revisions are included within the scope of the original request. Substantial scope changes may result in a new queue position or require re-submission.

2.3 Rush Requests. Same-day or urgent requests may be accommodated at Gaviso’s discretion, subject to current workload and subscription tier. Turnaround guarantees are only provided under separate service-level terms.

3. Deliverables and Ownership

3.1 Client Ownership. Final approved deliverables are transferred to the client with full commercial usage rights, subject to Section 3.3.

3.2 Source Files. Editable design source files (e.g., Adobe formats) are provided upon request. Files may be stored on Gaviso’s servers for a limited duration.

3.3 Third-Party Assets. Stock photography, fonts, icons, or design elements included in deliverables may remain subject to third-party license terms. You are responsible for proper usage and licensing of any such elements beyond the initial scope.

4. Client Responsibilities

4.1 Briefing Requirements. You are expected to provide complete design briefs, including branding assets, usage intent, required specs, and deadlines. Vague or incomplete requests may result in delay or output not aligned with your expectations.

4.2 Approval Process. You agree to review and approve each deliverable within a reasonable timeframe to keep projects moving through the queue. Prolonged silence or inactivity may pause fulfillment.

4.3 Brand Guidelines. If no formal brand guidelines are provided, Gaviso will use discretion based on industry standards and prior work. You bear responsibility for reviewing for brand consistency.

5. Subscription Terms

5.1 Billing and Renewal. All plans are billed on a recurring monthly basis and renew automatically unless canceled before the next billing cycle.

5.2 Plan Changes. You may upgrade or downgrade your GDM Studio plan at any time. Plan changes take effect on the next billing cycle unless otherwise requested in writing. Downgrades may result in reduced queue access, request speed, or support priority.

5.3 Account Suspension. Accounts with delinquent payments exceeding seven (7) days may be suspended. Reinstatement may be subject to a reactivation fee or require full payment of past due balances.

5.4 Cancellation. You may cancel your plan at any time. No partial refunds are issued for unused time. Service continues through the end of the current billing period unless terminated early for cause.

6. White-Label Use

6.1 Authorized Resale. White-label usage of GDM Studio is permitted only under an approved agency, reseller, or enterprise agreement. Resellers may not misrepresent their role or mislead clients regarding service origin.

6.2 Attribution. Unless expressly waived, Gaviso reserves the right to require discrete attribution (“Design services provided by GDM Studio”) in client deliverables.

6.3 Support Protocol. Resellers are responsible for Level 1 client communication and must act as the liaison between their client and the Gaviso design team. Direct end-client access to GDM Studio is not provided under white-label agreements unless authorized in writing.

7. Disclaimers and Limitation of Liability

7.1 As-Is Basis. GDM Studio services are provided “as is” and “as available.” Gaviso makes no warranties regarding the creativity, fitness, marketability, or commercial viability of deliverables.

7.2 Subjectivity of Design. Design work is inherently subjective. Gaviso shall not be liable for dissatisfaction arising from design style preferences, brand interpretations, or artistic direction unless the output clearly deviates from submitted instructions.

7.3 Limitation of Liability. To the maximum extent permitted by law, Gaviso’s liability under this Addendum shall be limited to the total amount paid for GDM Studio subscriptions during the three (3) months immediately preceding the claim. In no event shall Gaviso be liable for consequential or reputational damages.

7.4 Indemnification. You agree to indemnify and hold Gaviso harmless for claims arising from use of design assets in unlawful, infringing, or misleading ways, including violations of third-party copyright or advertising standards.