Terms of use

1. Services Offered

Through the Website, it is offered to the User visual content, like vectors and illustrations, photos and images, PSDs and Photoshop files, vector icons, video contents and recordings (including the corresponding audio) in any format, as well as specific information related to such content.

The Services may offer contents owned by the Company ("Freepik Own Content"), contents owned by third parties offered through the Website ("Collaborators Content") as well as third-party content not offered free of charge ("Sponsored Content"). Sponsored Content is duly differentiated and identified on the search results. Freepik Own Content and Collaborators Content shall be hereinafter referred to collectively as the "Freepik Content" and can be downloaded through the Website.

The Services also include the use of the Company's IA Products, as well as the use of the Freepik Online Editor. These services are governed by their respective terms and conditions, which form part of these Terms by reference. By using these products, the User accepts said terms and conditions.

2. Authorized Use

The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith. In particular and without limitation, Users (irrespective of whether they have purchased a Subscription or not) undertake that any access or downloads of any content available in the Website or through the Services will always be the result of a genuine legitimate interest of the User and acknowledges that any method which artificially increases the number of downloads, accesses or clicks over such content is strictly prohibited under these Terms (including, without limitation, the generation of downloads, accesses or clicks over such content through any robots, spiders or any other mechanism, mobile application, program or tool) and will result in the cancellation of the User’s account by the Company and the obligation for the User to indemnify the Company for all damages suffered as a result of the User’s breach of this undertaking, without the right of reimbursement of any of the amounts paid.

The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Website or third parties.

The User will not interfere with the functioning of the Website or in the Services, in particular, he/she/it will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or the Services, which may impact the security of the Website or the Services, or which may in any way interfere with the Services offered by the Company. The use of robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website or the Services in any way which is contrary to the ordinary use of the Website or which infringes the Company’s interests (without its express prior authorization) is strictly prohibited. Likewise, obtaining or attempting to obtain the contents of the Website using any method or system not expressly authorized by the Company or which is not the ordinary method of accessing the Website is also strictly prohibited.

The User shall be responsible for any costs required for the Services’ use and for ensuring, prior to using the Services, that the Services’ features meet the User’s needs and that he/she/it meets all requirements and has all the equipment and software necessary for this purpose.

The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from the Company.

When providing the Services, the Website can publish advertising either related or not to the contents displayed or the Services, which is expressly accepted by the User.

3. Registration

In order to use certain Services, the User must register, creating a username and password and activating an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Services. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to these Terms.

The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible for keeping such information updated. Should the User provide false, outdated or incomplete information, or should the Company have reasons to suspect it, the Company reserves the right to suspend or cancel the User’s account.

The User must protect and keep the account password confidential and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services.

The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another User is using his account, he/she/it should immediately inform the Company.

The Company may suspend or cancel the User’s account if it considers that the User has breached these Terms.

4. Content

The Services allow Users to search for content that may result in Freepik Content and Sponsored Content, according to his or her preferences, and download such Freepik Content.

If you have any question regarding any content or believe that it infringes any right, that it does not comply with these Terms, or that is inappropriate, you can do so by contacting the Company as indicated in these Terms or following the instructions provided on the Website for a copyright complaint.

4.1. Sponsored Content

Regarding Sponsored Content, the Website’s role is limited to displaying content offered by the sponsored website with which the Company has reached an affiliation agreement or similar. Therefore, the Company will display a link to the sponsored website which offers the Sponsored Content, together with specific related information. In some cases, in order to provide the User a better user experience and facilitate returning to the Services, the link can be presented within a frame corresponding to the Website, which can be removed by the User at any time.

The Company is not the provider of the Sponsored Content and does not present itself as owner of such contents.

The Company does not select, examine, control, guarantee, approve, sponsor or identify itself in any form with the Sponsored Content displayed to the Users according to their preferences. The Sponsored Content are the sole responsibility of the third parties that make them available to the public over their own websites or Internet.

The User will be able to access the corresponding third party sponsored websites and download Sponsored Content under the terms and conditions established by such third parties. The Company shall not be a party or be involved in any way in the relationship between the User and the corresponding third party. The User undertakes to read and comply with the terms and conditions established by such third parties for the download and use of Sponsored Content.

The Company is not a party and does not take part in the relationship between the User and the third party that offers the Sponsored Content, and it is not directly or indirectly responsible for the performance, omissions, errors, negligence or breaches of the Users or such third parties. Any claim from the Users regarding the Sponsored Content must be addressed to the relevant third parties through the linked website.

4.2. Freepik Own Content

Freepik Own Contents are offered under the conditions stated from time to time in the Website (including, without limitation, restrictions to the number of downloads per day) and its use is allowed in the terms set out or referred to in these Terms, as applicable.

4.3. Collaborators Content

Collaborators Contents are offered in the terms stated at the relevant time in the Website (including, without limitation, daily download limits), and its use is allowed in the terms set out or referred to in these Terms, as applicable.

When offering Collaborators Content, the Company acts as a mere intermediary between the User that downloads such content and the collaborator, providing the User with the access and subscription to the Collaborators Content.

The Company makes reasonable efforts in guaranteeing the lawfulness and quality of the Collaborators Content. However, the Company cannot monitor or control all Collaborators Content. Therefore, the User acknowledges and agrees that the Company shall not be responsible for evaluating the originality, the non-infringement of third-party rights or the lawfulness of Collaborator Content and that the Company does not guarantee nor is liable in respect of any such contents, except for those cases expressly provided in the applicable regulations.

4.4. AI Generated Content

The User may generate different types of content using the AI Products offered by the Company on the Website. The use of the AI Products, as well as the content generated using such tools, is governed by the AI Products Terms and Conditions.

5. Storage and Offer of Collaborator Content

The Company limits itself to solely hosting the Collaborator Content and, therefore, it has no obligation to edit, select, check, or control the Collaborator Content nor does it guarantee, approve or necessarily agree with the Collaborator Content. If you wish to make an enquiry related to the Collaborator Content or if you believe that the Collaborator Content violates any rights or does not meet these Terms, or is inappropriate, you can contact the Company as indicated below.

The Collaborator is the sole and exclusive responsible for the Collaborator Content provided to the Company for storage, publishing and offering to Users through the Website.

6. Liability

The User acknowledges and agrees that he/she/it uses the Website and its Services at the User’s own risk and under the User’s responsibility and, therefore, the Company does not accept any responsibility for misuse or use in breach of these Terms.

The User will be responsible for any damages to the Company resulting from the User’s use of the Website and the Services in breach of the Terms and accepts to indemnify the Company and its directors, employees, agents and representatives from any liability in which they may incur as a result of the User’s breach of these Terms.

The Company does not warrant the availability or continuity of the Website or the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.

As way of example and without limitation, the Company shall not be liable for any damages that may result from:

• Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not the Company’s responsibility.
• Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
• Third-party actions.
• Unavailability of the Website and the Services due to maintenance or software updates.
• Any other event beyond the Company’s direct control.

Save for the company’s wilful misconduct, and those cases in which due to the specific circumstances of the user involved or the nature of the matter, applicable law provides that liability cannot be limited by agreement, use of the website and the services is at sole risk of the user and the company shall not be liable for any damage of any kind caused to the user as a result of using the website and/or the services.

In accordance with Section 4 above regarding Sponsored Content, the Company exclusively limits itself to the provision of links to the content provided by the company that owns the Sponsored Content, based on the Users’ preferences, without assuming any responsibility for search results.

The insertion of links in the Services does not imply any relationship, recommendation or supervision by the Company of the linked website and, accordingly, the Company does not accept any liability in relation to the content of any linked website except in the specific circumstances provided by the applicable law.

In accordance with Section 4 above regarding the Collaborator Contents, the Company acts exclusively as the provider of the storing and intermediation service between the offer of Collaborator Content and the Users interested in downloading them, without any liability in relation to such contents, except for those cases expressly stated by the applicable law.

The Company will make reasonable commercial efforts in order to ensure the accuracy of keywords and descriptions, as well as the identification of content as exclusively for editorial use or equivalent. However, the company neither warrants nor makes any representation regarding any keyword, title or description; or the identification or lack of identification of any content as exclusively for editorial use. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with these Terms, the Company shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles or descriptions, or from the use of the visual content identified as exclusively for editorial use.

7. Intellectual Property

All intellectual property rights over the Website, the Services, and/or the Freepik Content, its design, and source code, and all content included in any of them (including without limitation text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to the Company.

Except as expressly authorized under these Terms, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Website, the Services, the Freepik Content or any of its parts, is strictly forbidden.

The Sponsored Content and Collaborator Content are protected by intellectual property rights, as appropriate, and belong to their owners. Regarding the Sponsored Content, although the Services can locate and provide access to these contents, its download and use is subject to the conditions set by the relevant third party. The Company is not the owner and cannot grant any license or authorization in relation to Sponsored Content. The User must obtain authorizations that are, in each case, required to use any Sponsored Content, which are stated in the relevant website, from which the User will be able to download the Sponsored Content.

If you believe that any content infringes third party rights or does not comply with these Terms, you can report it to the Company as set forth in these Terms.

8. License Agreement for Freepik Content

The Company authorizes the User to download and use the Freepik Content under the terms of this Section (see Section 7 in relation to Sponsored Content). The Company and its licensors reserve all rights over the Freepik Content not expressly granted in this license to the User.

Subject to the fulfillment of these Terms, the Company authorizes the User in a non-transferable, revocable, limited, non-exclusive manner and on a worldwide basis for the duration of the relevant rights; to download, use and modify the Freepik Content, in a device the User owns or controls and only for the purposes and uses allowed in these Terms.

The User may use the Freepik Content (including any derivative work), either using the Freepik Contents in its entirety or using only some or some of its elements, either using the Freepik Contents without modification, combining them with other contents or having previously modified them, being the license granted with respect to the Freepik content, provided that it:

1. Does not involve collective use;
2. The Freepik Content is not used in a manner that suggests an association or endorsement of any kind by the Company or the Website;
3. The Freepik Content or any derivative work is not used or included (in whole or in part) in a database, archive or in any other media/stock product, collection, set of clips, or library, for distribution or resale or used in any other way that could prevent or limit future visits or downloads from the Website;
4. Does not resell, assign, transfer or sublicense the Freepik Content or any derived work from the Freepik Content;
5. Does not use the Freepik Content in printed or electronic items (e.g. t-shirts, cups, postcards, birthday or greeting cards, invitations, calendars, web models or electronic devices, apps, NFTs, videogames, advertising spots, audiovisual animations) aimed to be resold, in which the content in the Freepik Content is the main element (because of size, relevance or any other cause, in case of doubt about whether the content is main element, it shall be deemed that the content is main element);
6. Does not use the Freepik Content (totally or partially) in any trademark, or part of the same, which may be used by any other means to guarantee or to imply a guaranty of any product and/or service, unless the Freepik Content used in such cases is modified in such a way as to be a new and different content not confusingly similar with the original Freepik Content or implies a use of the Freepik Content as a template or test, and not as a final item or material;
7. Does not use the Freepik Content (including any caption information, title, keywords or other metadata associated with the Freepik Content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons.
8. Does not make any use of the Freepik Content which might be considered defamatory, libellous, obscene, immoral or illegal, including, without limitation, using it in a way that places any person appearing in the Freepik Content in a negative light or depicts them in a way that they may find offensive such as the use in pornography, advertisements for escort or similar services, political endorsements, birth control products, and;
9. Does not make any use of the Freepik Content to slander, libel or to vilify a person, race, sex, culture, sexual orientation, religion, country, region, town, village or any other place, or any other human group.

When any Freepik Content is marked or identified as for editorial use, or when within the same there are logos, recognizable products, public buildings, public events or images taken in places where recognizable persons appear in the background, the User shall only be entitled to use it for such editorial use. In such cases, the User undertakes not to use that content in any manner that entails any connection with any business activity, the use in economic traffic or advertising, marketing or commercialization of any product or service. The User shall be directly liable and the Company shall not assume any liability as a result of the use for commercial purposes by the User of any content belonging to the Freepik Content, which according to this paragraph should be for editorial use only.

The authorization to use the Freepik Content shall be free provided that any use of the content in the Freepik Content by the User is credited to the Company/Website as stated by the Company from time to time. In order to benefit from the Service or to use the Freepik Content without acknowledging the Company/Website, the User must purchase a premium subscription (hereinafter, the "Premium Subscription") in the Website and download the Freepik Content during the term of any such Premium Subscription. Conditions in Section 10 shall apply to the purchase of the Premium Subscription.

As a general rule, it is forbidden for a User to authorize any third parties to use the Freepik Content (or any modification of any content in the Freepik Content). As an exception to the prohibition, the User may allow third parties to use the Freepik Content, when each and every of the following conditions are met:

1. The third party has professionally instructed the User to produce goods or provide services to it/him/her and the User uses a limited number of items within the Freepik Content to produce such goods or provide such services to the instructing third party;
2. The authorization granted by the User to the third party is in writing and complies with every restriction of the User’s authorization to use the relevant Freepik Content and includes, without limitation, a restriction for the third party to distribute, resell or license the relevant content in the Freepik Content (i.e. the third party is the final user of the relevant content in the Freepik Content);
3. None of the contents in the Freepik Content which are subject to the authorization are used as the main element (because of size, relevance or any other cause; in case of doubt about whether the content is the main element, it shall be deemed as the main element) in printed or electronic items (e.g. t-shirts, cups, postcards, birthday or greeting cards, invitations, calendars, web models or electronic devices, apps, NFTs, videogames, advertising spots, audiovisual animations) aimed to be resold by the third party;
4. The production of goods or provision of services by the User to the third party is not done by automatic means, it is tailor-made for the third party (and therefore its use is not authorized by the User to any other third party) and requires a specific substantial human intervention from the User in relation to each third party; and
5. The User -and not the third party- chooses the specific items within the content of the Freepik Content to be used in the production of goods or provision of services for the third party.

When all of the above conditions are met, the User shall be entitled to authorize a third party to use the relevant content in the Freepik Content. This exception refers only to the prohibition for the User to authorize third parties to use the content in the Freepik Content without affecting or limiting in any way the remaining conditions of the User’s right to use the Freepik Content. Whether the above conditions regarding the exception to the prohibition for Users to authorize third parties to use the content in the Freepik Content are met shall be interpreted restrictively so that, in case of doubt, it shall be deemed that the conditions are not met.

The User does not acquire any right as a result of the use of the content in the Freepik Content. In particular, the User is not authorized to distribute, resell or rent any content in the Freepik Content (or any modification of any content in the Freepik Content).

The User’s rights under this Section will end automatically without any notice if the User breaches any of the Terms. In case of termination of the rights hereunder, the User shall cease using content in the Freepik Content and will destroy every copy, whether total or partial, thereof.

9. Fonts License Agreement

The Company authorizes the User to download and use the licensed typographic fonts available on the Website ("Licensed Fonts") only in accordance with this condition. All rights in the Licensed Fonts not expressly granted to the User under this condition are reserved by the Company or its licensors.

The Company authorizes the User on a non-transferable, limited, revocable, non-exclusive, worldwide basis and for the duration of the term of the rights, to download and use the Licensed Fonts on a device owned or controlled by the User and only for the purposes and uses authorized by these Terms.

The User may use the Licensed Fonts to design and develop documents, and may embed copies of the Licensed Fonts in any document, for the purpose of printing and viewing the document. The Licensed Font must be a subset that includes only the glyphs necessary to display the work, and the document must obfuscate or protect its embedded font data from discovery, deliberate or inadvertent, and from misuse. No other embedding rights are implied or permitted by this license.

Likewise, the User may make use of the Licensed Fonts to design and develop websites and other web projects.

Portions of the Licensed Fonts may use or contain open source software programs and software components. Their use is further governed by the terms of any open source license specified in the copyright files or license notices accompanying the Licensed Font.

Licensed Fonts may be provided to the User with certain copyright notices. The User must retain exactly as provided (and not remove or alter) such notices, following any instructions provided by the Company in each case.

The Users are expressly prohibited from:

1. use the Licensed Fonts in printed or electronic items intended for resale, from pictograms or single letters in any format (e.g., stencils, stickers or jewelry);
2. include, embed, integrate, embed or otherwise distribute any Licensed Fonts in any document or web site or project in a manner that would allow external output of the Licensed Fonts or that would prevent or limit future visits to or downloads from the Website, or distribute or sublicense any portion of the Licensed Fonts independently or in any manner that would allow any third-party to access and/or use the Licensed Fonts to create new content;
3. add any functionality to, or otherwise change, alter, adapt, modify or produce (or cause others to produce), derivative works of any part of the Licensed Fonts;
4. disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of the Licensed Fonts, or disable, override or otherwise circumvent any software protection mechanism.

10. Conditions for the Premium Subscription

The terms in this Section ("Premium Subscription Terms") govern any purchase of the Premium Subscription in the Website. When concluding the purchase procedure for any Premium Subscription, it shall be deemed that the User has read and accepted, without exception, the Premium Subscription Terms. For the avoidance of doubt, the Premium Subscription Terms are additional to the Terms which will continue to apply to Users who have acquired a Premium Subscription unless it is expressly provided otherwise in relation to specific provisions in the Premium Subscription Terms.

These Premium Subscription Terms are available to the User before the purchase of the Premium Subscription and may be stored or reproduced on a durable medium.

The Premium Subscription Terms are available in English and Spanish. In case the User is interested in purchasing any Premium Subscription, it has to follow the instructions available in the Website from time to time.

The Subscriptions available are offered in the Website where the pertinent information, price and conditions are included (including, without limitation, restrictions to the number of downloads each day). The Company can modify the Subscriptions offered at any time, offering with new Services (to which, unless otherwise stated, these Subscription Terms shall apply) or ceasing to offer any of the Services. The Subscriptions are personal, shall not be assigned to third parties and no third parties other than the User shall be allowed to use the Freepik Content (including as third parties, for these purposes, affiliates or entities part of the same group of companies).

The price for the Subscription is stated in the relevant currency in the Website and includes, if applicable, the relevant Value Added Tax. The Company is entitled to modify the price for any Subscription at any time. The Company shall apply the price stated in the Website at the time of the submission of the Subscription order by the User.

The User shall pay the Premium Subscription in advance through Paypal, credit/debit card or any other valid payment method offered by the Company, as stated in the Website. To purchase and pay the Premium Subscription, the User shall follow the instructions stated in the Website. The processing of the payment information and data through Paypal or credit/debit card is made within third-party sites. When ordering any Premium Subscription, the User authorizes the Company to collect the corresponding price through the chosen payment method. The Premium Subscription shall not be activated until the Company has received the payment or the payment has been authorized by the relevant financing entity. After that, the Premium Subscription shall be in force for the term purchased by the User.

Unless otherwise stated in these Premium Subscription Terms, the Premium Subscriptions shall be automatically and successively renewed at the expiration of its term, unless the User cancels the renewal of the Premium Subscription before its expiration. The Company shall charge the corresponding price by the same initial payment method. The Company may modify the price for the renewal of the Premium Subscription, provided that the User is informed with, at least, one-month prior notice, via email sent to the email address used for the registration process.

Once the User purchases the Premium Subscription, the screen shall confirm the purchase. In addition, within the shortest time reasonably possible and not after twenty-four (24) hours since the acceptance of the order, an email shall be sent to the User with the receipt of the purchase. The receipt may be stored and printed. The User may request and download an invoice as stated within the Website twenty-four (24) hours after making the relevant payment.

After the purchase of the Premium Subscription, the User may benefit from the following:

1. Benefits from Freepik Premium Subscription, which are the following:

• The Service consisting in using the content in the Freepik Content and Storyset Contents (as defined here) without crediting the Company/Website.
• Access all contents available in the Website.
• Use the Website without advertisement displaying.
• Not to be subject to the restrictions as to number of content downloads applicable to the Freepik Content from time to time, without prejudice to the application of certain restrictions to the number of downloads aimed at preventing a fraudulent or abusive use of the Website.

2. Benefits from Flaticon Premium Subscription, which can be found here.

The rest of the Conditions, including the conditions established or referred to in Clauses 7 and 8, will continue to apply, such as, without limitation, the prohibited uses for Freepik Content. Likewise, for the use of Flaticon Content, the Flaticon Terms and Conditions shall apply, which are incorporated into these Conditions.

The Company may offer the User, on certain occasions, the possibility to pause the Premium Subscription for a certain period of time, while the Premium Subscription is active. The User may pause and activate the Premium Subscription during the period in which it is in force as many times as he/she wishes, provided that this does not exceed the maximum aggregate pause period permitted by the Company, which will be indicated on the Website.

By pausing the Premium Subscription, the User shall cease to enjoy the benefits of the Premium Subscription included in this Section while the Premium Subscription is paused. The User may, at any time, reactivate the Premium Subscription, resuming the normal benefits of the Premium Subscription.

In the event that the User exhausts the maximum aggregate pause time of the Premium Subscription, the Premium Subscription will be automatically reactivated. Once the User has exhausted the maximum aggregate period allowed for pausing the Premium Subscription, the User will not be able to pause it again until the next billing period.

In the event that the User pauses his Premium Subscription, the period of validity and renewal of the Premium Subscription will be adjusted according to the time the Premium Subscription has been paused.

As the content in the Website is digital content, no cancellation right shall apply, which is expressly acknowledge and accepted by the Users, without prejudice to the guarantees stated in the consumers’ regulations that may be applicable, unless the Company states otherwise, in which case, will be subject to the conditions set forth by the Company.

11. Conditions for the Teams Plan

The terms in this Section ("Teams Plan Terms") govern any purchase of the Teams Plan on the Website, which allows an administrator user (the “Administrator User”) to purchase and manage several end-user accounts collectively, giving access to the accounts (“Seats”) to different end-users (the “Teams End-Users”).

When concluding the purchase procedure for any Teams Plan, it shall be deemed that the Administrator User has read and accepted, without exception, the Teams Plan Terms. For the avoidance of doubt, the Teams Plan Terms extend the Terms, which will continue to apply in full force to the Administrator Users who have acquired a Teams Plan, and to all Teams Plan End Users, unless otherwise stated in provisions of the Teams Plan Terms.

These Teams Plan Terms are available to the Administrator User before purchasing the Teams Plan and may be stored or reproduced on a durable medium.

The Teams Plan Terms are available in English and Spanish. In case the Administrator User is interested in purchasing any Teams Plan, she/he has to follow the instructions available on the Website from time to time.

The plans and subscriptions available are offered on the Website where the relevant information, price, and conditions are included (including, without limitation, restrictions on the daily download allowance). The Company can modify the plan and subscriptions offered at any time, offering with new Services or ceasing to offer any of the Services.

The price for the Teams Plan, depending on how many Teams End-Users Seats are requested by the Administrator User, is stated in the relevant currency on the Website and includes, if applicable, the appropriate Value Added Tax. The Company is entitled to modify the price for any Plan or subscription at any time. The Company shall apply the price stated on the Website at the time of submitting the Plan order by the Administrator User.

The Administrator User shall pay the Teams Plan in advance through Paypal, credit/debit card, Direct Debit, or any other valid payment method offered by the Company, as stated on the Website. The processing of the payment information and data through Paypal, credit/debit card, or Direct Debit is made through third-party sites. When ordering any Teams Plan, the Administrator User authorizes the Company to collect the corresponding price through the chosen payment method. The Teams Plan shall not be activated until the Company has received the payment or the payment has been authorized by the relevant financing entity. After that, the Teams Plan shall be in force for the term purchased by the User.

Unless otherwise stated in these Teams Plan Terms, the Teams Plan shall be automatically and successively renewed at the end of its term unless the Administrator User cancels the renewal of the Teams Plan before its expiration. The Company shall charge the corresponding price by the same initial payment method. The Company may modify the price for the renewal of the Teams Plan, provided that the Administrator User is informed with, at least, one-month prior notice, via email sent to the email address used for the registration process.

In addition, within the shortest time reasonably possible and not after twenty-four (24) hours since the acceptance of the order, an email shall be sent to the Administrator User with the receipt of the purchase. The receipt may be stored and printed. The Administrator User may request and download an invoice as stated within the Website twenty-four (24) hours after making the relevant payment.

Once the Administrator User purchases the Teams Plan, the system shall confirm the purchase, and the Teams Administrator Account will be created. Once the Teams Administrator Account is created, the Administrator User may activate different Teams End-Users accounts, limited to the number of Seats contracted (for the avoidance of doubt, the Administrator User’s account shall be counted as one among the contracted Seats, notwithstanding that the Administrator User may leave his/her Seat vacant to be used by another Teams End User for accessing and using the Services exclusively. In no case Teams End-User will assume any of the Administrator User’s obligations regarding this clause). In order to access their Seats, each End User must either log in to the Website using the email address indicated by the Administrator User, or create a User account on the Website using said email address.

End Users who have an active Premium Subscription associated with the email address indicated by the Administrator User will not be able to access their Seat. In this case, they will have to log in using another User account, or register on the Website using another email address.

Any Teams End-User Account is personal and non-transferable, and it is expressly forbidden to share any Teams End-User Account with any other Teams End-User or third parties. Failing to comply with this obligation will entitle Freepik to terminate the Terms immediately.

The Administrator User will have the ability to access all Teams End-User Accounts, including the ability to assign, un-assign, access, monitor, use, modify or access any data available to Teams End-Users associated with their Teams End-User accounts.

The Administrator User is solely responsible for

1. the fair use of (i) the Teams Plan product, and (ii) the lawful exercise of the ability to control, access and monitor Teams End-Users accounts;
2. authorizing as End-Users of his or her Teams Plan exclusively those individuals with whom the Administrator User has a personal or professional relationship in which both the invitation to collaborate and the subsequent monitoring are reasonable and within the legitimate expectations of the invitees;
3. informing all Teams End User in detail of the authorized use of the Teams End-Users accounts according to these Terms and the Service Specific Terms;
4. the fair access and use of the Services in compliance with these Terms (including Teams End-Users); and
5. all activities regarding its Teams Plan account regardless of whether the activities are undertaken by Administrator User or Teams End-Users.

After purchasing the Teams Plan, both the Administrator User and the Teams End-Users may benefit from the same benefits as the Premium User, as described in Clause 10.

The rest of the Terms, including the conditions established or referred to in Clauses 7, 8 and 9, will continue to apply, such as, without limitation, the prohibited uses for Freepik Content.

As the content in the Website is digital by nature, no cancellation right shall apply, which is expressly acknowledged and accepted by the Administrator User, without prejudice to the guarantees stated in the consumers’ regulations that may be applicable, unless the Company states otherwise, in which case, will be subject to the conditions set forth by the Company.

12. Changes and Closure of the Website

The Company may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Website or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User accounts and their corresponding information. However, the Company will comply with its obligations regarding the keeping of records in relation to certain transactions for the relevant period as provided by applicable law or refund the Users of Subscriptions in force at that time with the proportional part of the price not accrued before the termination.

13. General and Contact Information

The use of the Website and the Services and the interpretation and application of these Terms shall be governed by Spanish Law. Except for those cases in which the applicable law impose a specific jurisdiction, any dispute in connection with these Terms shall be resolved by the Courts of Málaga (Spain), and the parties expressly waive any other applicable jurisdiction.

In accordance with the provisions of article 14 of Regulation (EU) 524/2013, the Users are informed that, in the cases in which it is applicable due to the condition of the User as a consumer, the European Commission has an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/.

If any provision in these Terms is declared to be invalid or unenforceable, it shall be substituted or deemed as not included. The remaining provisions in these Terms shall not be affected in any way.

You may contact the Company for any query or claim in https://www.freepik.com/profile/support.

1. USE OF OUR SERVICE

Our Service. The Freepik Editor is an online design platform that allows our users to directly create their own designs online. We also provide pre-created media and content that can be used under license.

License to use the Service. Subject to complete and continuous compliance with these Terms and Conditions, you are hereby granted a non-exclusive, limited, personal, non-transferable and freely revocable license to use the Service only to the extent permitted by the features of the Service.

Additional terms and conditions may apply to any content you download, upload or print from the Service. These additional terms and conditions may be made available to you prior to initiating any applicable uploading, downloading or printing, or reference will be made to specific terms and conditions or services within the Services. In the results of such a search, the Services may offer content owned by the Company (“Freepik Content”) as well as content from third parties (“Third Party Content”) and content generated by AI (“AI Generated Content”). Freepik’s Terms and Conditions apply and set forth the conditions for any license to use Freepik Content. Third Party Content is appropriately differentiated and identified in search results and will be subject to the terms and conditions set by the relevant third party. AI Generated Content used in the Service must comply with the Terms and Conditions for AI products.

The Company reserves all rights not expressly granted herein to the Service and Freepik Content. The Company may terminate this license at any time for any reason or for no reason.

2. FREEPIK ACCOUNTS

Your Freepik account gives you access to the Services and/or certain functionalities that we may establish and maintain from time to time at our sole discretion. We may maintain different types of accounts for different types of Users. In relation to registration with Freepik and the regulation of user accounts, Freepik's Terms and Conditions shall apply.

3. SERVICE RULES

3.1. General

The User is only authorized to use the Services in accordance with the Terms and Conditions. The User agrees to use the Services in good faith.

The User undertakes not to use the Services in a negligent, fraudulent or unlawful manner. The User also undertakes not to engage in any conduct or action that may damage the image, interests or rights of the Company or third parties.

It is the User’s responsibility to ensure, before using the Services, that the features of the Services meet the User’s needs.

You undertake not to engage in any of the following prohibited activities in the use you make of the Service:

1. Copy, distribute or disclose any part of the Service by any means, including, without limitation, automated or non-automated “scraping”;
2. Use any automated system, including without limitation “robots”, “spiders”, “offline readers”, etc., to access the Service in a manner that sends more requests to Freepik Editor's servers than a person can reasonably and ordinarily produce in the same period of time using a conventional web browser;
3. Transmit spam, chain letters or other unsolicited e-mails;
4. Attempt to interfere with, compromise the integrity or security of, or decrypt any transmission to or from the servers running the Service;
5. Take any action that imposes or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
6. Upload invalid data, viruses, worms or other software through the Service;
7. Collect or harvest any personally identifiable information, including account names, from the Service;
8. Impersonate any person or otherwise misrepresent your affiliation with a person or entity, commit fraud, conceal or attempt to conceal your identity, including engaging in phishing activities or including misleading links or information to induce visitors to click on an illegal or fraudulent website;
9. Interfere with the proper working of the Service;
10. Access the Service through any technology or means other than those provided or authorized by the Service;
11. Circumvent any measures we may use to prevent or restrict access to the Service, including but not limited to features that prevent or restrict the use or copying of any content or that apply limitations to the use of the Service or its content;
12. Use any Freepik Content, including any Freepik trademark, or any other content offered on the Service, in any manner that may tarnish, disparage or reflect negatively on such content;
13. Use the Service or any Freepik Content, or any other content offered on the Service, to support, incite or promote illegal behavior, discrimination, hostility or violence;
14. Use any Freepik trademark or any variant thereof, including misspellings, as a domain name or as part of a domain name, as a metatag, keyword or any other type of programming code or data;
15. Adopt or use, without our prior written consent, any words or marks that are similar to or confusingly similar to Freepik’s trademarks;
16. Copy, imitate or use, in whole or in part, the look and feel of the Service (including, without limitation, all page headers, custom graphics, button icons and scripts) without the prior written consent of the Company;
17. Use framing or hotlinking to link to the Service or any content other than your own without the Company’s prior written consent; or
18. Upload any content that is illegal, sexual or pornographic, includes child exploitation material or links to such material or does not comply with the Terms and Conditions.

If your User Content or Freepik Editor Design (as defined below) violates these Terms and Conditions, we may, without prior notice, remove such User Content and any other User Content and/or Freepik Editor Design that you have uploaded.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or request compensation or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms and Conditions, or for no reason at all. With regard to Freepik Content, Third Party Content and AI Generated Content, after termination for any reason or no reason, you will continue to be bound by the applicable terms and conditions.

4. USE OF CONTENT ON THE SERVICE

4.1. General

The Service provides certain functionality that allows you to create visual designs (“Freepik Editor Designs”). Freepik Editor Designs may be downloaded/exported from the Service in a number of formats, including without limitation PDF, JPEG or PNG ("Export").

You may create Freepik Editor Designs using only your own User Content, or you may choose to incorporate Freepik Content, Third Party Content or AI-generated Content into your Freepik Editor Design. You may Export a Freepik Editor Design consisting solely of your own User Content (as defined in section 5). However, you may only Export a Freepik Editor Design composed in whole or in part of any Freepik Content, Third Party Content or AI Generated Content in accordance with the licensing terms contained in this Section.

4.2. Licensing of Freepik Content

To Export any Freepik Content included in a Freepik Editor Design from the Service, you must license the Freepik Content under one of the licenses provided in the Freepik Terms and Conditions. By exporting any Freepik Content from the Service, you agree to be bound by the Freepik Terms and Conditions.

4.3. Third Party Content

The Services may include Third Party Content and you are responsible for complying with any and all third party terms and conditions that may apply to such content as specified in Section 1. Access to Third Party Content is provided solely for convenience, the Company is not a party to any such license or third party terms and the Company does not offer guarantees or have any liability for such Third Party Content. By exporting any Third Party Content from the Service, you agree to be bound by the applicable aforementioned terms and conditions.

4.4. AI Generated Content

The Service may provide certain functionality that allows you to create, modify or enhance Freepik Editor Designs using AI Generated Content. By using the Service to create AI Generated Content, you acknowledge and agree to the AI Product Terms and Conditions, which are incorporated into these Terms and Conditions by reference.

5. USER CONTENT

5.1. General

Some areas of the Service allow Users to upload and use content such as photographs, artwork, fonts, designs and other content provided by the User, including through third party hosting services, or to create new content by the User (“User Content”). The User retains ownership of his or her User Content, and understands that he or she is entirely responsible for all such User Content, including the Intellectual Property Rights of third parties incorporated therein.

5.2. Uploading and use of User Content on the Services

By uploading User Content within the Service, whether from a User’s device, or from any account on any third party service on which the User is storing such content, or by creating a Freepik Editor Design that includes User Content (for the following purposes, a Freepik Editor Design shall be considered User Content to the extent that it includes User Content or when it is created as a new item by the User), the User agrees to be bound by the following rules:

1. User Content must be relevant, must not infringe the rights of third parties, the law or public order and must comply with these Terms and Conditions.
2. The User Content must comply with the conditions and technical requirements established from time to time by the Company. Without limitation, the User agrees that the User Content shall comply with the principles and best practice established by the Company from time to time, specifically in relation to respect for property, rights and general or third-party interests.
3. You agree not to submit or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional suffering, death, disability, disfigurement or physical or mental illness to you or any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or offense; (iv) contains any information or content that we consider to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or self-image rights, harassing, disruptive, humiliating to others (publicly or otherwise), defamatory, threatening, hostile, violent, or that provokes violence or hostility, profane or otherwise objectionable; (v) contains any information that discriminates against others on the basis of race, religion, sex, sexual orientation, age, disability, origin or nationality; (vi) contains any information or content that is unlawful (including, without limitation, disclosure of inside information under securities laws or trade secrets of others); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not accurate and current; or (ix) is not free of viruses, worms or other destructive code.
4. The User must be the owner of the intellectual property rights for the User Content, either due to being the author, the original owner or by owning the relevant rights. Where User Content contains the image, voice or name of another person, or any other confidential or proprietary information, the person in question must have given his or her permission to publish such content. You agree that no User Content does or will violate any third party’s rights of any kind, including but not limited to Intellectual Property Rights (as defined below) or rights of privacy or self-image.

For the purposes of these Terms and Conditions, "Intellectual Property Rights" shall mean all patent rights, copyrights, moral rights, rights of publicity, integrated circuit layout rights, trademark and trade name rights, industrial design rights, goodwill, trade secret rights and other intellectual or industrial property rights that may exist now or in the future, and all applications and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

By uploading any User Content to the Service, you expressly grant, represent and guarantee that you have all necessary rights to grant the Company a multi-use, sub-licensable, transferable, perpetual, irrevocable, royalty-free, non-exclusive, worldwide license to use, reproduce, publish, communicate to the public and distribute all User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and the business of the Company (and its successors and affiliates), including without limitation to promote and redistribute part or all of the Service in any format and through any media channels, including any third party with whom the Company may partner.

In connection with your User Content, you affirm, represent and guarantee the following:

1. Your User Content and Freepik’s use of it as contemplated by these Terms and Conditions and the Service will not violate any laws or infringe any rights of any third party, including, without limitation, Intellectual Property Rights and rights of privacy and self-image.
2. The Company may exercise the rights in your User Content granted under these Terms and Conditions without liability for any fees, payments, or royalties payable to collecting societies or under any collective or other arrangements.
3. If your User Content contains or otherwise incorporates any components, including but not limited to design elements, fonts, clipart, animated images, vectors or brush tools and the like that are included in design programs, by uploading such User Content to the Service, you represent and guarantee that the end user license agreement, terms of service or equivalent license agreed to by you permit you to incorporate such elements into the User Content created by you, and to license such User Content to the Company for the purposes set forth herein.
4. Your User Content is not obscene, defamatory or otherwise objectionable.

If you use the Service to submit, post, share or print User Content, you agree that you have verified that the User Content does not contain anything that is unlawful, encourages illegal activity, infringes (or is misleadingly similar to) the Intellectual Property Rights of any third party or otherwise violates these Terms and Conditions.

The Company only hosts User Content, but the Company does not edit, screen, verify, monitor, guarantee, approve or necessarily endorse or agree with such content including, without limitation, that the Company cannot guarantee that such content is accurate, current, legal, suitable for a particular purpose or for particular Users or that it does not involve a violation of any applicable law or infringement of any third party's rights. It is the User’s responsibility to ensure that its use does not involve risk or illegal activity. In accordance with applicable information society services regulations, the Company is a service provider through the Website and does not monitor the content of User Content posted by Users and assumes no responsibility or liability for any User Content that you or any other User or third party creates, submits, posts or prints through or using the Service. You shall be solely responsible for your User Content and the consequences of creating, using, submitting, publishing and printing it, and you agree that we act only as a passive online channel for the creation and modification of your User Content. If you wish to make a query regarding User Content or if you believe that User Content violates any rights or does not comply with these Terms and Conditions, or is inappropriate, you may communicate this as set out in Section 7.

Notwithstanding the fact that the Company is not obliged to monitor User Content, the Company may modify or remove (in whole or in part) at any time, any User Content that, in the Company’s opinion, has breached these Terms and Conditions or may be deemed offensive, illegal or in violation of the rights of any third party.

In the event that your User Content or Freepik Editor Design is alleged to be offensive, inappropriate for children, illegal or in violation of these Terms and Conditions, you agree that the Company may disclose such User Content to appropriate law enforcement or governmental authorities.

6. GRANTING OF THE FREEPIK EDITOR DESIGN LICENSE

By publishing any design or content containing a Freepik Editor Design using the Service, you expressly grant, represent and guarantee that you have all necessary rights to grant the Company a multi-use, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, publish and distribute any such Freepik Editor Design, in whole or in part, and in any format, media or technology, whether now known or hereafter developed, for use in connection with the Service and the business of the Company (and its successors and affiliates), including without limitation for the promotion and redistribution of part or all of the Service in any media formats and through any media channels.

7. OUR PROPRIETARY RIGHTS

Except for your User Content, the Website, the Service and its design, code and all materials on or transferred through it, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, trade names, designs, copyrights, photographs, audio, videos, music and Freepik Content, and all Intellectual Property Rights related thereto, are the exclusive property of the Company and its licensors.

In particular and without limitation to the general statement in the preceding paragraph, the Company owns the sui generis right to the Website and the Service as a database in its capacity as the developer of the Website, as provided for in articles 133 et seq. of the Spanish Intellectual Property Law. By virtue of said sui generis right, the extraction and/or reuse of all or a substantial part (in terms of quantity of information or importance of the information) of the content of the Website and the Service is prohibited and would constitute an infringement of the Company’s Intellectual Property Rights. In addition, the extraction and/or re-utilization of a non-substantial part of the content of the Website or the Services on a repeated or systematic basis, where such actions are outside the ordinary use of the Website and the Services authorized by the Company or cause any unjustified damage to the interests of the Company, is also prohibited.

Except as explicitly provided herein, nothing in these Terms and Conditions shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Freepik Content. Use of Freepik Content for any purpose not expressly permitted by these Terms and Conditions is strictly prohibited.

If you believe that any content infringes third party rights or does not comply with these Terms and Conditions, you may report it to the Company by sending an email to copyright@freepik.com.

8. THIRD PARTY LINKS AND APPLICATIONS

The Service may contain links to third party websites, advertisers, services, special offers or other events or activities, which are not owned or controlled by the Company.

The Company does not endorse or assume any responsibility or liability for any such third party applications, sites, information, materials, products or services. If you access a third party application or website from the Service, you do so at your own risk, and you understand that these Terms and Conditions and Freepik's Privacy Policy do not apply to your use of such sites. You expressly release the Company from any and all liability arising from your use of any third party applications, websites, services or content. In addition, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms and conditions (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred in connection with your dealings with such advertisers.

9. INDEMNITY

You agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, licensors, managers and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including, among others, attorneys' fees) arising out of: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your breach of any term of these Terms and Conditions, including without limitation breach of any of the aforementioned representations and warranties; (iii) your violation of any third party right, including without limitation any right of privacy, self-image or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damage arising as a result of any User Content, Freepik Editor Design or any content submitted through your account; or (vi) third parties accessing and using the Service with your unique username, password or other appropriate security code.

10. NO WARRANTY

You acknowledge and agree that your use of the Website and the Services is at your sole risk and responsibility and the Company accepts no liability for any misuse or use contrary to these Terms and Conditions.

The Company does not guarantee the availability or continuity of the Website or the Services (in no case, but especially where they depend on third parties), their accuracy, reliability or completeness, or whether they are fit for a particular purpose. To the maximum extent permitted by applicable law, the Company shall have no liability in this respect.

The Service is provided on an “as is” and “as available” basis. Your use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Without prejudice to the foregoing, the Company, its affiliates and its licensors do not guarantee that the content, including without limitation User Content, Freepik Content, AI Generated Content and Third Party Content, is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

The Company does not endorse, guarantee or assume any responsibility for any products or services advertised or offered by any third party through the Service or any hyperlinked website or service, and the Company will not be a party to or in any way monitor any transaction between you and any third-party product or service provider.

11. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use or inability to use this Service, including, without limitation, the submission or use of User Content, Freepik Content, AI Generated Content or Third Party Content. Under no circumstances shall the Company be liable for any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or your account or the information contained therein.

Without prejudice to the foregoing and to the maximum extent permitted by applicable law, the Company assumes no liability for (i) errors, mistakes or inaccuracies in content; (ii) personal injury or property damage of any nature resulting from your access to or use of our Service; (iii) any unauthorized access to or use of our secure servers and/or any personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service, including interruptions, viruses, technical problems, interferences, omissions, unavailability, power outages, failure of telecommunications networks or User equipment; (v) any bugs, viruses, Trojan horses or the like that may be transmitted to or through our Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content published, emailed, transmitted or otherwise made available via the Service; (vii) User Content or defamatory, offensive or illegal conduct of any third party; and/or (ix) the loss or deletion of User Content and/or Freepik Editor Design.

Notwithstanding anything to the contrary contained herein, the Company shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Freepik Content or other content, any addition or combination of User Content or Freepik Content with other content, or the context in which User Content, Freepik Content or other content is used by you.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the Company has been advised of the possibility of such damages. The aforementioned limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

12. CHANGES TO AND TERMINATION OF THE WEBSITE

The Company may, at any time, and without incurring any liability to the User, modify the content of the Website or the Services, limit or modify the Terms and Conditions or discontinue providing some or all of the Services and functionalities available or deactivate and delete some or all of the User accounts and related information. However, the Company will comply with its obligations relating to the retention of records in relation to certain transactions for the relevant period as provided by applicable law.

13. GENERAL AND CONTACT INFORMATION

The use of the Website and the Services and the interpretation and application of these Terms and Conditions shall be governed by Spanish Law. Except in those cases in which the applicable regulations impose a specific jurisdiction, any dispute in relation to these Terms and Conditions shall be resolved by the Courts and Tribunals of Malaga (Spain), and the parties expressly waive any other jurisdiction to which they may be entitled.

In accordance with the provisions of Article 14 of Regulation (EU) 524/2013, Users are informed that, in cases where applicable due to the User's status as a consumer, the European Commission has an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/.

If any provision of these Terms and Conditions is declared invalid or unenforceable, it shall be replaced or deemed not to have been included. The remaining provisions of these Terms and Conditions shall not be affected in any way.

You may contact the Company with any queries or complaints at https://www.freepik.com/profile/support.

1. Definitions

With regard to these Terms and Conditions, the terms hereunder shall be construed to mean as follows:

1.1. API Client

refers to a website or software application (including mobile phone applications) developed by the Customer that accesses or uses the Freepik API Services.

1.2. Developer Policies

refers to the policies on the Freepik API Services which the Customer and its API Client(s) are obliged to fulfill in addition to all of the others Terms and conditions's while accessing or using the Freepik API Services.

1.3. Freepik API Services

refers to:

1. access to and use of the API Services made available by Freepik including any services related to said access, use or API;
2. any documents, information, materials, source codes and software (including any human-readable programming instructions) related to the Freepik API or its associated services that are made available by Freepik;
3. any data, contents and information provided to API Clients (as this term is defined hereunder) (hereinafter API Data); and
4. the credentials which Freepik has assigned to the Customer and its API Client(s).

1.4. Freepik's Confidential Information

refers to any information belonging to Freepik which is provided to the Customer in relation to accessing or using the Freepik API Services, excluding any information the Customer have developed independently, any which has been lawfully delivered to the Customer by a third party that is not subject to confidentiality obligations or any which has been made publicly available without the Customer being involved in its disclosure.

1.5. Freepik Developer Website

refers to Freepik's developer website, including the different web pages that offer instructions on how to use the Freepik API Services.

1.6. Freepik Guidelines

refers to the guidelines and other documents posted on the Freepik Developer Website.

1.7. Personal Data

has the meaning set forth in REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) or the national legislation of the EU Member State which supplements or implements it, as said legislation is progressively updated, amended and/or replaced from time to time.

2. The Terms and conditions

2.1. Object

This Terms and conditions sets forth the conditions to access to and use of the Freepik API Services by the Customer.

The API consists of tools and documents to facilitate the creation of a software application (hereinafter the Application) which will allow the Customer or the API Client(s) to search for, license, download and use Freepik content subject to the limitations and conditions described hereunder or in the relevant documents referred to in this Terms and conditions.

Subject to fulfillment of all the terms and conditions set forth in the Terms and conditions, Freepik grants the Customer a limited, non-exclusive, revocable, personal, non-sublicensable and non-transferable license to access and use the Freepik API Services solely to develop, test, display and run the Application and place Freepik content at the disposal of the Customer API Client(s).

Subject to fulfillment of all the terms and conditions set forth herein, Company hereby authorizes the API Client’s users in a non-transferable, revocable, limited, non-exclusive manner and on a worldwide basis for the duration of the relevant rights to download, use and modify the Freepik Content, in a device the User owns or controls and only for the purposes and uses allowed in the Freepik Terms of Use.

Freepik reserves all rights which are not expressly granted through this license.

The Customer will need a unique password and/or another credential (jointly referred to herein as API keys) to initiate a session in its account and access and use the Freepik API Services. The Customer may only access its account with the API keys provided to the Customer by Freepik. The Customer shall not sell, transfer, dispose of, sublicense or divulge its API keys. The Customer shall not use the API on any platform, website or application other than the API Client disclosed to Freepik as part of the API account's creation. The Customer is responsible for safeguarding and maintaining the security and confidentiality of its API keys by not disclosing them to third parties or allowing them to be used by third parties. The Customer is solely and exclusively liable for all the activities which are performed with its API keys on any device, regardless of whether or not said activities are performed by the Customer or by a third party. Freepik may suspend or cancel the API keys if it deems that the security or confidentiality have been jeopardized.

Freepik does not warrant that any individual element of the Freepik content will be available and shall have full discretion to determine which Freepik content will be available to API Clients through the Freepik API Services.

Freepik reserves the right to release newer versions of the API from time to time and to require that the latest version be used. These Terms and conditions shall apply to access to and use of said latest version. To clarify, these Terms and conditions do not grant any right whatsoever to any update, upgrade or modification of the API.

The Customer shall not lease, sell, distribute, communicate to the public or sublicense the Freepik API Service. Any attempt to perform the aforementioned actions is a violation of Freepik's rights and those of its licensors.

2.2. Sections of the Terms and Conditions.

The Terms and Conditions is comprised of:

1. the Terms and Conditions;
2. the Developer Policies;
3. the Freepik Privacy Policy available at https://www.freepikcompany.com/privacy; and
4. The Freepik Terms of Use available at here

2.3. Amendment of the Terms and conditions

Freepik may amend the Terms and Conditions or any of the documents which comprise the Terms and Conditions. Freepik shall endeavor to give notice of any changes made to the Terms and Conditions by sending an e-mail at least 30 calendar days before said changes come into force.

Nonetheless, any specific changes which incorporate new functions, or any made for legal reasons may enter into force immediately, regardless of whether or not notice thereof is given. If the Customer disagrees with any of the changes, the Customer may terminate the Terms and Conditions. If the Customer do not terminate the Terms and Conditions immediately and continue accessing or using the Freepik API Services, whether directly or through the API Client(s), including any development activity related to any of the Freepik API Services and any interaction of the API Client(s) with any of the Freepik API Services, it shall be deemed that the Customer has accepted said changes.

3. Access to and Permitted Use of the Freepik API Services

When the Customer access or use the Freepik API Services, the Customer and its API Client(s)

1. shall at all times fulfill the Terms and conditions; and
2. shall only access (or attempt to access) the Freepik API Services to develop and operate its API Client(s) as provided by the Terms and Conditions and the documents on the specific Freepik API Services the Customer accesses or uses. Freepik may suspend or cancel access to or the use of any of the Freepik API Services (including any credentials assigned to the Customer or its API Client(s), impose additional requirements or restrictions, or terminate the Terms and Conditions between the Customer and Freepik due to any breach of the Terms and Conditions committed by the Customer or by anybody else acting on the Customer’s behalf.

The Customer agrees not to use the Freepik API Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the Customer agrees not to partake in any conduct or action that could damage the image, interests or rights of Freepik or third parties.

The Customer shall not perform, nor allow any person to perform, whether directly or indirectly, any actions of reverse engineering, dismantling, reconstruction, decompiling, translation, modification, copying or in order to obtain the source code, nor shall create works derived from the Freepik API Services or from any aspect or part thereof, including, but not limited to, the sources code and algorithms, except where it is explicitly allowed under this Terms and Conditions.

4. Registration

The Customer must register and create an account to access and use the Freepik API Services. The Customer may be required to provide certain information (such as identification or contact data) as part of the registration process or as part of the access and use the Customer makes of the Freepik API Services. Our Privacy Policy sets forth how we process the Customer Personal Data and protect its privacy where the Customer provide Personal Data in relation to its access to and use of the Freepik API Services.

5. Restrictions

Notwithstanding any other limitations set forth herein, the Customer and its API Client(s) shall

1. use the Freepik API Services in good faith and solely for the purposes allowed under this Terms and Conditions, avoiding any fraudulent purpose or negligent use thereof;
2. fulfill all the laws, standards and regulations which apply and not infringe third-party rights;
3. not access or use the Freepik API Services in a way which breaches said laws, standards and regulations or third-party rights, or in a way that is deceitful, unethical, false or confusing, and require anybody else acting on the Customer behalf and its API Client(s) to do so as well; and
4. set forth terms and conditions and privacy policies for users of its API Client(s) that are in accordance with this Terms and Conditions and provide ongoing commercial support to said users

Without limiting the foregoing, the Customer shall not distribute or provide access to its API Client(s) in breach of the trade laws of Spain. The Customer likewise undertakes not to behave in any way that could harm Freepik' image, interests and rights or those of third parties. The Customer shall refrain from impersonating another user or person or from performing any action that may affect or interfere with the API, the Freepik API Services or their security. It is forbidden to access or use the Freepik API Services in a way which is contrary to their normal use by means of techniques other than those authorized by Freepik from time to time or which unreasonably harm Freepik's interests.

Customer shall not use the Freepik API Services to license, resell, distribute or package Freepik content or for any other activity in a way that violates Freepik Terms of Use or might harm Freepik's business operations, including, without limitation, any print-on-demand services or any other service in which the Freepik content is directed o may be directed to be used in printed or electronic items (e.g. t-shirts, cups, postcards, birthday or greeting cards, invitations, calendars, web models or electronic devices, apps, NFTs, videogames, advertising spots, audiovisual animations) aimed to be resold, in which the content in the Freepik content is the main element (because of size, relevance or any other cause, in case of doubt about whether the content is main element, it shall be deemed that the content is main element).

The Customer is solely liable for properly managing and operating the service offered through its API Client(s), as well as for any relationship with or liability to the users of its API Client(s).

6. API Clients and Supervision

Freepik may supervise, review and inspect the Customer API Client(s), as well as supervise and audit the access and use the Customer makes of the Flaticon API Services from time to time without further notice to ensure quality, upgrade our products and verify the Customer fulfillment of the Terms and Conditions.

7. Intellectual Property

The Customer and its API Client(s) shall not infringe or violate third-party rights, including intellectual and industrial property rights, confidentiality rights, privacy or data protection rights, image rights or any other kind of rights, and the Customer shall require anybody else acting on its behalf and its users that they shall not do so either.

Nothing set forth in the Terms and Conditions grants or shall be construed to grant any right to use any Freepik intellectual property trademark except solely as expressly provided herein. The Customer agrees that it shall not use Freepik trademarks in any way that might harm, disparage or adversely affect said trademarks and that it shall not attempt to register any trade name, trademark, distinctive sign, logo or domain name that is confusingly similar to Freepik's distinctive signs.

8. Publicity

Freepik may use the Customer name, trade names, trademarks or logos in presentations, marketing material, customer lists, financial reports, customer lists posted on websites, market research studies and other marketing activities, including incidental reproductions such as screenshots, videos or other content of its API Client(s). The Customer hereby grants Freepik, which accepts, a non-exclusive, irrevocable, free, worldwide and perpetual license to display its company or organization's name, trade names, trademarks or logos for the aforementioned purposes. The Customer shall not make any public statement regarding its use of the Flaticon API Services which suggests Freepik's association, sponsorship or endorsement without Freepik's prior written authorization thereof.

9. Modification of the Flaticon API Services

9.1. Right to Make Modifications

Freepik is constantly innovating and, as part of its ongoing innovation efforts, Freepik may alter or interrupt any aspect of the Flaticon API Services (including any specifications, protocols or access methods to any part of the Flaticon API Services) as they apply to any specific Flaticon API Services or API Client user, user category or API Client, or to all users or API Clients, from time to time without giving any prior notice thereof. Freepik shall endeavor to give the Customer sufficient advance notice thereof or issue a prior announcement in this regard, without incurring any obligation whatsoever to do so.

9.2. Changes to Previous Incompatible Versions

Where Freepik intends to make changes to previous incompatible versions of the Flaticon API Services, it shall announce it on the Flaticon Developer Website and endeavor, at its reasonable discretion, to continue maintaining the software source code of the Flaticon API Service versions thus affected during six (6) months as from the date such changes to the previous incompatible versions are announced.

10. Plans, Billings and Payments

The Customer shall be charged a fee based on the agreed plan for the Flaticon API Service provided pursuant to this Terms and Conditions (“ Fees”) as more fully set forth in the Order Form.

The Customer agrees to pay the Fees through an accepted payment method as specified in an Order Form. Customer hereby authorizes Freepik and/or Freepik’s authorized agents, as applicable, to bill Customer in accordance with the Order Form for the Service (and any renewal thereof). Unless otherwise stated in a Order Form, Customer’s payment is due in full immediately upon each due date with respect to the Service. Customer must notify Freepik of any change in Customer’s payment account information, either by updating its Account or via e-mail.

Failure by the Customer to comply with the payment obligation set out in this clause for a period of more than five (5) days shall entitle the Company to suspend access to the Flaticon API Service until the Customer remedies that breach.

For any renewal term, Freepik reserves the right to change the Fees and billing methods by giving Customer at least thirty (30) days’ notice prior to the commencement of such renewal Term. Unless the Terms and Conditions is terminated, Customer acknowledges and agrees that Customer will be automatically charged for the applicable Fees.

Unless otherwise specified in this Terms and Conditions or Order Form, all Fees are non-refundable. Freepik does not provide refunds or credits for any partial use or non-use of the Services.

Unless otherwise specified in a Order Form, the Fees do not include any taxes, levies, duties, fees or other amounts assessed or imposed by any government authority, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). Except for taxes imposed on Freepik’s income, Customer is responsible for paying the Taxes that would be levied against Customer by government authorities. Freepik will invoice Customer for such Taxes if Freepik believes Freepik has a legal obligation to do so and Customer agrees to pay such Taxes

Freepik may, at its sole discretion, offer Customer certain non-transferrable benefits (such as discounts on Fees or a free extension in Term) specific to the Services.

11. Audit Clause

From time to time, Freepik and Customer shall regroup and assess ongoing use and consumption of the API Service. Freepik reserves its right to access Client servers, logs, billing systems, to audit the fair use of the Service. Such audit will be limited to once a year, at Freepik's own expenses. Client will make their best effort to facilitate such audit, in case Freepik requested it. For sake of clarity, not providing nor facilitating access to Customer usage analytics and data would be considered as a material breach of Contract by Customer. Freepik shall hold a free, worldwide, transferable, sublicensable and perpetual right to use said information to change, operate and upgrade the Flaticon API Services.

12. Term, Termination and Suspension

12.1. Term

This Terms and Conditions will remain in effect for the period set forth in the Order Form starting from the Start Date (the “Term”). At the end of each Term, Flaticon API Service will automatically renew for additional and equal Term. If either party does not want the Flaticon API Service to renew, then it must notify the other party in writing at a period of time prior to the end of the then current Term. This period of time shall be 10 days in case of a monthly subscription and 30 days in all other cases. This notice of non-renewal will be effective upon the conclusion of the then current Term.

12.2. Termination for Cause

Either party may suspend performance or terminate these Terms if: (i) the other party is in material breach of the Terms and fails to cure that breach within thirty days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of these Terms more than two times notwithstanding any cure of such breaches.

12.3. Effects of Termination

After any suspension, interruption notice or termination (whether by the Customer or by Freepik), the Customer shall immediately cease to access and use any of Freepik's Property (as defined below) and delete all the Flaticon API Services and Freepik's Confidential Information in its possession or under its control, including any housed in the Customer servers. Upon Freepik's request, the Customer shall certify the deletion of all the Flaticon API Services and Freepik's Confidential Information that are in its possession or under its control in writing and with the signature of a duly authorized representative. Freepik may independently get in touch with any holder of accounts that are associated to credentials assigned to the Customer or to its API Client(s) in order to give notice of the termination of access to and use of the Flaticon API Services and make any announcement regarding its API Client(s) (as appropriate).

13. No implied licenses

13.1. Ownsership

Freepik and its licensors shall keep and maintain all rights (including intellectual and industrial property rights, such as patents, copyrights, corporate secrets and other property rights) to or in relation to the Flaticon API Services (including API Data), Freepik's distinctive signs, the Flaticon Developer Website, the Terms and Conditions, Freepik's Confidential Information, all the underlying technology and IT programs, along with all the works derived from any of the foregoing (jointly referred to hereinafter as Freepik's Property). The Customer shall keep ownership of all the rights to the Customer API Client(s), apart from any of Freepik's Property.

13.1. No Other rights

Except for the rights expressly granted under the Terms and Conditions, Freepik does not grant the Customer any other rights or licenses (whether express, implied, by operation of law or exhaustion, or otherwise) to Freepik's Property or to any of Freepik's intellectual or property rights.

14. No Patent or Content Licenses or Rights

Without limiting the general nature of the foregoing, no patent rights or licenses held or controlled by Freepik are granted, nor are any rights or licenses granted to reproduce, distribute or make Flaticon content available in any way other than by using the Flaticon API Services in accordance with the Terms and Conditions. Freepik reserves all rights that are not expressly granted through this Terms and Conditions.

15. No Exclusivity

The Terms and Conditions is a non-exclusive Terms and Conditions. The Customer hereby states and agrees that Freepik can and may develop websites, applications, products or services that compete with the Flaticon API Services, its API Client(s) or any other product or service. Furthermore, Freepik is under no obligation whatsoever to place any such products or services at the Customer disposal.

16. Confidentiality

Any communications Freepik sends the Customer and the Flaticon API Services may contain Freepik's Confidential Information. If the Customer receives any of Freepik's Confidential Information, the Customer shall keep it confidential, refrain from using it except for its own permitted use of the Flaticon API Services in accordance with the Terms and Conditions and refrain from disclosing it to any third party without Freepik's prior written consent. Furthermore, the Customer shall take measures to prevent any unauthorized use, access or disclosure to third parties of Freepik's Confidential Information in the same way as the Customer would protect its own confidential propriety information, which shall not in any event be less than that of a reasonable level. Notwithstanding the foregoing, the Customer may disclose Freepik's Confidential Information where so required by law after giving sufficient notice thereof, unless the competent court rules that Freepik should not be served such prior notice. The Customer likewise undertake to destroy or return Freepik's Confidential Information upon Freepik's reasonable request. The Customer’s confidentiality obligations shall apply for as long as the Confidential Information remains confidential. As a consequence of the sensitive and secret nature of Freepik's Confidential Information, the Customer acknowledges that its unauthorized disclosure or use may result in irreparable harm and that the Customer may be subject to civil actions.

17. Warranties and Exclusion of Liability

17.1. No warranties

The Customer acknowledges and accepts that it shall use the Flaticon API Services at its sole risk and liability. The Flaticon API Services are provided "as is" and "as available" with all their defects and without any warranty of any kind whatsoever. Except as expressly set forth in the Terms and conditions, Freepik does not grant and rejects that any condition, warranty or other term shall apply to any service, software or any other goods or service provided by Freepik under the Terms and conditions.

17.2. Additional Exclusion of Liability

As provided by Clause 18 (Limitation of Liability), any condition, warranty or any other implicit term (including any implicit term referring to satisfactory quality, fitness for purpose and conformity with description) regarding the Flaticon API Services or Freepik services related to this Terms and conditions is excluded. More specifically, Freepik does not warrant that:

1. the Flaticon API Services will meet the Customer needs, those of its API Client(s) or those of it/their users;
2. the Flaticon API Services will run without stoppages, downtimes or in a timely, secure or error-free way;
3. the Flaticon API Services will be accurate, reliable, complete, continue to exist, be of satisfactory quality, not infringe third-party rights or be otherwise valid; or
4. defects in the running and functionality of any aspect of the Flaticon API Services, including any software, source code, content (including icons), data, support or anything else provided to the Customer or its API Client(s) as part of or in relation to the Flaticon API Services will be corrected.

17.3. No External Warranties

To the extent allowed under the law which applies and subject to the provisions set forth in Clause 18, no advice or information obtained from Freepik, any third party related to Freepik or via the Flaticon API Services, whether verbally or in writing, shall give rise to a warranty that has not been expressly set forth in the Terms and conditions.

17.4. Third-Party Services

The Flaticon API Services may contain links to third-party websites and online services which are not owned or controlled by Freepik. Freepik has no control over such websites and online services and assumes no liability whatsoever for them.This services may be subject to specific conditions or instructions that must be accepted by the Customer prior to the provision of the relevant Service. These specific conditions may be imposed by Freepik or by third parties. Such specific conditions shall apply in addition to the Terms and Conditions and, in case of conflict, shall supersede the Terms and Conditions. Accordingly, the Customer must read and accept such specific conditions before the provision of the relevant service.

17.5. Support

The Customer understand and accept that it is solely liable for operating and maintaining its API Client(s) without there being any obligation for Freepik in this regard, unless otherwise stated herein. Freepik shall offer a support channel to attempt to sort out technical issues related to the implementation and use of the Flaticon API Services without assuming any obligation or warranty of any kind whatsoever.

19. Liability

19.1. Limitations of Freepik's Liability

Freepik shall not be liable under the Terms and conditions (whether due to contractual liability, extracontractual liability – including third-party liability – or of any other kind) for any special damages, consequential loss, loss of profit, loss of revenue and loss of opportunity suffered or incurred by the Customer or otherwise for data loss or corruption, the withdrawal or modification of any aspect of the Flaticon API Services, or in relation to any content sent to Freepik's websites, applications, services and products by users or partners, or for any defamatory, offensive or unlawful behavior by said persons or entities (regardless of whether or not the parties have foreseen such losses). Freepik shall likewise not be liable for any damages which may arise from:

1. Stoppages, downtimes, viruses, faults, interferences, omissions, electronic system or communications system disconnections or disconnections in its equipment for reasons beyond Freepik's control.
2. Delays or blockages in the use of the API or the Flaticon API Services due to deficiencies or overloading on the Internet, lines or electricity or communications systems.
3. Actions by third parties.
4. Inability to access the API or the Flaticon API Services due to maintenance or updating work.
5. Any other circumstance beyond Freepik's control.

19.2. Additional Limitations

To the maximum extent allowed under the law which applies and subject to the provisions set forth in this clause, Freepik's total liability under the Terms and conditions or in relation to it (whether due to contractual liability, extracontractual liability – including third-party liability – or of any other kind) shall be limited to the amount the Customer have paid Freepik for access to and use of the Premium API Services over the twelve months prior to the event that gave rise to the liability.

19.3. Indemnity

The Customer shall indemnify Freepik, its administrators, directors, employees, collaborators and users for any liability, damages, harm, loss, cost, fees (including attorneys' fees) and expenses resulting from any court or out-of-court claims brought by third parties (any or all are referred to hereunder as Claim or Claims) in so far as they arise from or are related to:

1. access to or any use of the Flaticon API Services by the Customer, anybody else acting on its behalf, its API Client(s) or any of its users;
2. a breach of the Terms and conditions (or of any part thereof) by the Customer, anybody else acting on its behalf, its API Client(s) or any of its users, including any infringement of any third-party right (including any intellectual or industrial property right, confidentiality and data protection right, image right or any other right) by The Customer, anybody else acting on its behalf, its API Client(s) or any of its users; or
3. any content, data, technology or materials provided or contributed by the Customer, anybody else acting on its behalf, its API Client(s) or any of its users, and not by Freepik.

20. General Provisions

20.1. Entire Terms and conditions

The Terms and conditions governing the relationship between both Parties constitutes the entire and complete Terms and conditions between the Parties with regard to its purpose.

20.2. No Waiver

Freepik shall not be deemed to have waived exercising any right under this Terms and conditions due to its failure to exercise it at any time (or for a delay in exercising it).

20.3. Nullity and Severability

If any specific clause of the Terms and conditions is declared null and void, unlawful or unenforceable by a competent court, said clause shall be amended so that it applies and reflects the parties' intention to the extent possible. Should this turn out to be impossible, it shall be deemed to have been eliminated and the rest of the Terms and conditions shall remain in force.

20.4. Notices

All written notices must be drafted in English or Spanish and sent by e-mail to the address indicated on the Order Form and shall be deemed to have been served after their reception.

20.5. Assignment of the Terms and conditions

Freepik may transfer or assign the Terms and conditions, including any rights and licenses granted under it, to a third party, but the Customer may not do so without Freepik’s previous approval.

20.6. Relationship of the Parties

This Terms and conditions does not involve the creation of an association or an agency relationship with Freepik. The parties are independent contracting parties.

20.7. Priority

Should there be any discrepancy between these Terms and conditions and the other documents which comprise the Terms and conditions on the Flaticon API Services, the Terms and conditions shall prevail. In the event of a discrepancy involving the remaining documents which comprise the Terms and conditions, they shall prevail as per the order in which they are set forth in Clause 2 above.

20.8. Governing Law and Competent Jurisdiction

The Terms and conditions shall be governed by Spanish law. To the extent allowed under the law which applies, Both Parties accept to submit to the sole jurisdiction of the Spanish courts and tribunals, in particular those of the city of Malaga, in order to settle any legal dispute which may arise from the Terms and conditions. Notwithstanding the foregoing, Freepik may file for an injunction (or any other equivalent urgent legal remedies) in any jurisdiction.

1. Services Offered

Through the Website, it is offered to the User visual content, like vector icons, interface icons, stickers, without limitation, in source code and other formats, as well as specific information related to such content, classification of styles among collections, and a tool to customize sizes and colours.

The Services may offer contents owned by the Company ("Flaticon Own Content"), contents owned by third parties offered through the Website ("Collaborators Content") as well as third-party content not offered free of charge ("Sponsored Content"). Sponsored Content is duly differentiated and identified on the search results. Flaticon Own Content and Collaborators Content shall be hereinafter referred to collectively as the "Flaticon Content" and can be downloaded through the Website.

The Services include access to the following tools:

• App to create patterns (http://pattern.flaticon.com/).
• Tool to create, organize and edit icon collections uploaded by authors.

2. Authorized Use

The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith. In particular and without limitation, Users (irrespective of whether they have purchased a Subscription or not) undertake that any access or downloads of any content available in the Website or through the Services will always be the result of a genuine legitimate interest of the User and acknowledges that any method which artificially increases the number of downloads, accesses or clicks over such content is strictly prohibited under these Terms (including, without limitation, the generation of downloads, accesses or clicks over such content through any robots, spiders or any other mechanism, mobile application, program or tool) and will result in the cancellation of the User’s account by the Company and the obligation for the User to indemnify the Company for all damages suffered as a result of the User’s breach of this undertaking, without the right of reimbursement of any of the amounts paid.

The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Website or third parties.

The User will not interfere with the functioning of the Website or in the Services, in particular, he/she/it will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or the Services, which may impact the security of the Website or the Services, or which may in any way interfere with the Services offered by the Company. The use of robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website or the Services in any way which is contrary to the ordinary use of the Website or which infringes the Company’s interests (without its express prior authorization) is strictly prohibited. Likewise, obtaining or attempting to obtain the contents of the Website using any method or system not expressly authorized by the Company or which is not the ordinary method of accessing the Website is also strictly prohibited.

The User shall be responsible for any costs required for the Services’ use and for ensuring, prior to using the Services, that the Services’ features meet the User’s needs and that he/she/it meets all requirements and has all the equipment and software necessary for this purpose.

The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from the Company.

When providing the Services, the Website can publish advertising either related or not to the contents displayed or the Services, which is expressly accepted by the User.

3. Registration

In order to use certain Services, the User must register, creating a username and password and activating an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Services. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to these Terms.

The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible for keeping such information updated. Should the User provide false, outdated or incomplete information, or should the Company have reasons to suspect it, the Company reserves the right to suspend or cancel the User’s account.

The User must protect and keep the account password confidential and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services.

The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another User is using his account, he/she/it should immediately inform the Company.

The Company may suspend or cancel the User’s account if it considers that the User has breached these Terms.

4. Content

The Services allow Users to search for content that may result in Flaticon Content and Sponsored Content, according to his or her preferences, and download such Flaticon Content.

If you have any question regarding any content or believe that it infringes any right, that it does not comply with these Terms, or that is inappropriate, you can do so by contacting the Company as indicated in these Terms or following the instructions provided on the Website for a copyright complaint.

4.1. Sponsored Content

Regarding Sponsored Content, the Website’s role is limited to displaying content offered by the sponsored website with which the Company has reached an affiliation agreement or similar. Therefore, the Company will display a link to the sponsored website which offers the Sponsored Content, together with specific related information. In some cases, in order to provide the User a better user experience and facilitate returning to the Services, the link can be presented within a frame corresponding to the Website, which can be removed by the User at any time.

The Company is not the provider of the Sponsored Content and does not present itself as owner of such contents.

The Company does not select, examine, control, guarantee, approve, sponsor or identify itself in any form with the Sponsored Content displayed to the Users according to their preferences. The Sponsored Content are the sole responsibility of the third parties that make them available to the public over their own websites or Internet.

The User will be able to access the corresponding third-party websites and download the Sponsored Content under the terms and conditions established by such third parties. The Company shall not be a party or be involved in any way in the relationship between the User and the corresponding third party. The User undertakes to read and comply with the terms and conditions established by such third parties for the download and use of Sponsored Content.

The Company is not a party and does not take part in the relationship between the User and the third party that offers the Sponsored Content, and it is not directly or indirectly responsible for the performance, omissions, errors, negligence or breaches of the Users or such third parties. Any claim from the Users regarding the Sponsored Content must be addressed to the relevant third parties through the linked website.

4.2. Flaticon Own Content

Flaticon Own Contents are offered under the conditions stated from time to time in the Website (including, without limitation, restrictions to the number of downloads per day) and its use is allowed in the terms set out or referred to in these Terms, as applicable.

4.3. Collaborators Content

Collaborators Contents are offered in the terms stated at the relevant time in the Website (including, without limitation, daily download limits), and its use is allowed in the terms set out or referred to in these Terms, as applicable.

When offering Collaborators Content, the Company acts as a mere intermediary between the User that downloads such content and the collaborator, providing the User with the access and subscription to the Collaborators Content.

The Company makes reasonable efforts in guaranteeing the lawfulness and quality of the Collaborators Content. However, the Company cannot monitor or control all Collaborators Content. Therefore, the User acknowledges and agrees that the Company shall not be responsible for evaluating the originality, the non-infringement of third-party rights or the lawfulness of Collaborator Content and that the Company does not guarantee nor is liable in respect of any such contents, except for those cases expressly provided in the applicable regulations.

5. Storage and Offer of Collaborator Content

The Company limits itself to solely hosting the Collaborator Content and, therefore, it has no obligation to edit, select, check, or control the Collaborator Content nor does it guarantee, approve or necessarily agree with the Collaborator Content. If you wish to make an enquiry related to the Collaborator Content or if you believe that the Collaborator Content violates any rights or does not meet these Terms, or is inappropriate, you can contact the Company as indicated below.

The Collaborator is the sole and exclusive responsible for the Collaborator Content provided to the Company for storage, publishing and offering to Users through the Website.

6. Liability

The User acknowledges and agrees that he/she/it uses the Website and its Services at the User’s own risk and under the User’s responsibility and, therefore, the Company does not accept any responsibility for misuse or use in breach of these Terms.

The User will be responsible for any damages to the Company resulting from the User’s use of the Website and the Services in breach of the Terms and accepts to indemnify the Company and its directors, employees, agents and representatives from any liability in which they may incur as a result of the User’s breach of these Terms.

The Company does not warrant the availability or continuity of the Website or the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.

As way of example and without limitation, the Company shall not be liable for any damages that may result from:

• Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not the Company’s responsibility.
• Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
• Third-party actions.
• Unavailability of the Website and the Services due to maintenance or software updates.
• Any other event beyond the Company’s direct control.

Save for the company’s wilful misconduct, and those cases in which due to the specific circumstances of the user involved or the nature of the matter, applicable law provides that liability cannot be limited by agreement, use of the website and the services is at sole risk of the user and the company shall not be liable for any damage of any kind caused to the user as a result of using the website and/or the services.

In accordance with Section 4 above regarding Sponsored Content, the Company exclusively limites itself to the provision of links to the content provided by the company that owns the Sponsored Content, based on the User’s preferences, without assuming any responsibility for search results.

The insertion of links in the Services does not imply any relationship, recommendation or supervision by the Company of the linked website and, accordingly, the Company does not accept any liability in relation to the content of any linked website except in the specific circumstances provided by the applicable law.

In accordance with Section 4 above regarding the Collaborator Contents, the Company acts exclusively as the provider of the storing and intermediation service between the offer of Collaborator Content and the Users interested in downloading them, without any liability in relation to such contents, except for those cases expressly stated by the applicable law.

The Company will make reasonable commercial efforts in order to ensure the accuracy of keywords and descriptions, as well as the identification of content as exclusively for editorial use or equivalent. However, the company neither warrants nor makes any representation regarding any keyword, title or description; or the identification or lack of identification of any visual content as exclusively for editorial use. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with these Terms, the Company shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles or descriptions, or from the use of the visual content identified as exclusively for editorial use.

7. Intellectual Property

All intellectual property rights over the Website, the Services, and/or the Flaticon Content, its design, and source code, and all content included in any of them (including without limitation text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to the Company.

Except as expressly authorized under these Terms, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Website, the Services, the Flaticon Content or any of its parts, is strictly forbidden.

The Sponsored Content and Collaborator Content are protected by intellectual property rights, as appropriate, and belong to their owners. Regarding the Sponsored Content, although the Services can locate and provide access to these contents, its download and use is subject to the conditions set by the relevant third party. The Company is not the owner and cannot grant any license or authorization in relation to Sponsored Content. The User must obtain authorizations that are, in each case, required to use any Sponsored Content, which are stated in the relevant website, from which the User will be able to download the Sponsored Content.

If you believe that any content infringes third party rights or does not comply with these Terms, you can report it to the Company as set forth in these Terms.

8. License Agreement for Flaticon Content

The Company authorizes the User to download and use the Flaticon Content solely in accordance with this Section (see Section 7 in relation to the Sponsored Content) and in any event subject the terms and limitations set forth hereunder. The terms under which the User may download and use the Flaticon Content shall depend on the type of license the User holds from time to time.

The Company or its licensors reserve all rights to the Flaticon Content which are not expressly granted to the User under this Section.

8.1. Flaticon License

By means of these Terms, the Company grants the User a Flaticon License under which the User is authorized to download, use and modify the Flaticon Content on a device owned or controlled by the User on a non-transferable, limited, exclusive, revocable and worldwide basis for the entire duration of the rights and solely for the purposes and uses authorized under these Terms.

Without prejudice to the provisions set forth in paragraph 3 of this clause, the User of a Flaticon License may use the content in the Flaticon Content, provided that

• the Flaticon Content is not used in printed or electronic items (e.g. t-shirts, cups, postcards, birthday or greeting cards, invitations, calendars, web models or electronic devices, apps, NFTs, videogames, advertising spots, audiovisual animations) aimed to be resold, in which the Flaticon Content is the main element (because of size, relevance or any other cause, in case of doubt about whether the content is main element, it shall be deemed that the content is main element);

Furthermore, the authorization to use the content in the Flaticon Content shall be free of charge under the Flaticon License where any use thereof by the User is done by duly crediting said content to the Website/Company and, in any event, to the Collaborator, as stated by the Company from time to time. In order to benefit from the Service of using the Flaticon Content without the aforementioned crediting, the User must purchase a subscription (hereinafter the "Premium Subscription") from the Website and download the relevant Flaticon Content during the term of said Premium Subscription. The terms set forth in Section 9 shall apply to the purchase of the Premium Subscription.

Where any content of the Flaticon Content is marked or identified as being for editorial use, or where within the same there are distinctive signs, recognizable products, public buildings, public events or images taken in places where recognizable persons appear in the background, the User shall only be entitled to use it for such editorial use; in other words, for purposes related to exercising freedom of expression and the right to information or for academic or educational purposes. More specifically, this means that the User undertakes not to use said content in any way that could imply a link to any business activity, use in the course of trade or the advertising, promotion or marketing of any product or service. In addition, the User shall ensure that any use for educational purposes is allowed under any legislation which applies and shall fulfill any requirements set forth by such legislation, including, but not limited to, citation obligations or limitations on the extent or purpose of said use. The User shall be directly liable for, and the Company shall not assume any liability resulting from the use for commercial purposes by the User of any content in the Flaticon Content whose use must be limited to editorial use as set forth in this paragraph or as a consequence of any editorial use that is contrary to the legislation which applies.

8.2. Merchandising License

The User may purchase a Merchandising License according to the procedure set out on the Website from time to time for some of the Flaticon Content chosen by the Company to be subject to a Merchandising License. The Company shall freely decide which content in the Flaticon Content can be subject to a Merchandising License and may change such content without restriction from time to time (though said decision shall not affect any Merchandising Licenses that have been duly purchased previously). The price for each Merchandising License shall be displayed on the Website from time to time, be individual and solely affect the content thus chosen. The Merchandising License is personal and it is forbidden to transfer it to third parties and to allow the use of the Flaticon Content under said License by third parties other than User (which for this purpose includes within the concept entities related or belonging to the same group of companies as the User).

The price of the Merchandising License is displayed on the Website in the appropriate currency and includes, where applicable, the Value Added Tax which applies. The Company reserves the right to change the price of any Merchandising License from time to time, though it shall apply the current price appearing on the Website at the time the order for the Merchandising License is placed by the User.

The User shall pay for the Merchandising License in advance through PayPal, a credit/debit card or any other payment method offered by the Company from time to time in accordance with the terms and conditions set forth on the Website. The User must follow the instructions displayed on the Website to purchase and pay for a Merchandising License. The processing of the information and data of payments made through PayPal, credit/debit card or any other payment method offered by the Company from time to time is done through third-party sites. By placing the order for the Merchandising License, the User authorizes the Company to charge the relevant price through the payment method chosen. The Merchandising License shall not be granted until payment thereof has been received from or authorized by the relevant financial institution. As from that time, the User may download the Flaticon Content for which the User has purchased a Merchandising License from said User's personal profile page.

Likewise, an acknowledgment of receipt of the Merchandising License purchase order shall be sent to the User by e-mail as soon as possible and no later than twenty-four (24) hours after the order is accepted. The acknowledgment of receipt may be stored and printed. The User may request and download an invoice as stated on the Website twenty-four (24) hours after making the relevant payment.

As the content is digital content, no right of withdrawal applies, without detriment to any safeguards set forth in the consumer and user protection legislation which may apply, except where the Company states otherwise and instead it shall be subject to the terms and conditions set forth by the Company.

The Company authorizes the User who purchases a Merchandising License to download, use and modify the content in the Flaticon Content subject to said Merchandising License on a non-transferrable, personal, limited, non-exclusive, revocable and worldwide basis for the entire duration of the rights in order to design and produce printed or digital items or products intended for resale (e.g. T-shirts, mugs, postcards, birthday and greeting cards, invitations, calendars, website templates or electronic devices, apps, videogames, spots, or audiovisual animations), regardless of whether or not the content in the Flaticon Content subject to the Merchandising License is the end product's main element.

Furthermore, the User may use the Flaticon Content for which the User has purchased a Merchandising License without crediting it to the Website/Company

Without limiting the provisions set forth in paragraph 3 of this Section, the User of a Merchandising License may use content in the Flaticon Content subject to the Merchandising License for the aforementioned uses, provided all the terms set forth hereunder are fulfilled:

1. The Flaticon Content is not used in such a way so that the end user of the end products can extract and use it separately from the end products.
2. The User does not display, sell, license or publicly distribute the Flaticon Content (or the User's works derived therefrom) as a separate file from the end products.
3. The User takes all reasonable measures to prevent third parties from accessing or duplicating the Flaticon Content.
4. The Flaticon Content is not used in software applications which allow a third party to generate on-demand designs. This includes (but is not limited to) on-demand printing software applications which an end user can access to use the Flaticon Content in order to design or generate their own end product.
5. The Flaticon Content is not used in NFTs in which the Flaticon Content is the main element (due to size, relevance or any other reason so that, in the event of any doubt about whether the content is the main element, it shall be deemed as such).
6. The User does not reproduce the content in the Flaticon Content more than 100,000 times on physical printed or digital formats intended for sale.

8.3. Common terms and conditions of the Flaticon License and the Merchandising License

Without detriment to the uses that are not allowed under each type of license set forth in the preceding paragraphs of this Section or by any other term of these Terms and Conditions, the User who purchases a Flaticon License or a Merchandising License may use the Flaticon Content (including any work derived therefrom) either entirely or with only one or some of its elements, whether it be without modification, combining it with other content or after having modified it previously, solely where:

1. it does not involve collective use;
2. the content in the Flaticon Content is not used in a way that implies an association with or sponsorship by the Company or the Website;
3. the content in the Flaticon Content or any work derived therefrom, whether entirely or in part, is not used or included in a database, file or any other product or service which offers icons or images, or in any collection, set of videos or repertoire that could be subject to distribution or resale or is used in any other way that might impede or limit future visits to or downloads from the Website;
4. the User does not resell, assign, transfer or sublicense the Flaticon Content or works derived from the Flaticon Content;
5. the Flaticon Content is not used (whether entirely or in part) on a trademark or as a part thereof, or in a way which otherwise warrants or implies a warranty of any product and/or service, except where the Flaticon Content is used in a modified way in said uses so that it constitutes new and different content that does not mislead the public as regards the original Flaticon Content or involves using the Flaticon Content in a mockup or test, but not as an end product or definitive material;
6. the Flaticon Content is not used (including, but not limited to, any information contained in titles, captions, tags, keywords or other metadata related to the Flaticon Content) for the purposes of machine learning for algorithms, artificial intelligence or any other similar technology, artificial intelligence or for its use in connection with technologies designed or intended for the identification of natural persons.
7. use is not made of the content in the Flaticon Content in a way that may be deemed defamatory, harmful, obscene, immoral or unlawful, including, but not limited to, its use in a way that places any person appearing on the Flaticon Content in a negative light or which shows said person in a way that may be deemed offensive, such as, for instance, that person's use in pornography, escort service advertisements, support for political parties or ideologies, birth control products; and
8. use is not made of the content in the Flaticon Content in a way which negatively affects the reputation of or insults or defames a person, race, sex, culture, religion, country, region, city, town, village or any other place or community.

The User is forbidden from authorizing third parties to use the content in the Flaticon Content (or any modification thereof). As an exception to the foregoing, the User may authorize third parties to use the content in the Flaticon Content where each and every one of the following terms are met:

1. The third party has professionally engaged the User to produce goods or provide the third party with services and the User uses a limited number of elements of the content in the Flaticon Content to produce such goods or provide said services to the third party.
2. The authorization granted by the User to the third party is issued in writing and fulfills all the restrictions and terms that apply to the User for using the content in the Flaticon Content, including any restriction without any limitation whatsoever that impedes distributing, reselling or licensing the content in the Flaticon Content (e.g. the third party is the end user of the relevant element of the content in the Flaticon Content).
3. Unless the User has purchased a Merchandising License for a specific Flaticon Content, none of the content in the Flaticon Content which is subject to the authorization is used as the main element (due to size, relevance or any other reason so that, in the event of any doubt about whether the content is the main element, it shall be deemed as such) in printed or electronic items (e.g. T-shirts, mugs, postcards, birthday or greeting cards, invitations, calendars, web mockups or electronic devices, apps, videogames, advertising spots, audiovisual animations) intended to be resold by the third party.
4. The production of goods or the provision of services by the User for the third party is not performed in an automated way, but rather in a specific tailored way for the third party (and therefore authorization is not granted by the User to any other third party) requiring the User's specific and substantial human involvement in relation to each third party.
5. The User — and not the third party — chooses and selects the specific content in the Flaticon Content that will be used in the production of the goods or in the provision of the services intended for the third party.

Where each and every one of the aforementioned terms are met, the User may authorize a third-party to use the relevant content in the Flaticon Content. This exception solely refers to the prohibition on authorizing third parties to use the content in the Flaticon Content, without affecting or limiting in any way whatsoever the rest of the terms on the content in the Flaticon Content. In the event of any doubt about the fulfillment of foregoing terms on the exception to the prohibition on authorizing third parties to use the content in the Flaticon Content, it shall be deemed that they have not been met.

The User does not acquire any right to use the content in the Flaticon Content other than as expressly envisaged in these Terms. In particular, the User is not authorized to distribute, resell or lease any content in the Flaticon Content (or any modification of any content in the Flaticon Content).

The User's rights under this term shall automatically come to an end without any prior notice if the User breaches any of the Terms. Upon these rights' termination, the User shall cease using all the Flaticon Content and destroy all copies thereof, regardless of whether they are full or partial copies.

9. Conditions for the Premium Subscription

The terms in this Section ("Premium Subscription Terms") govern any purchase of the Premium Subscription in the Website. When concluding the purchase procedure for any Premium Subscription, it shall be deemed that the User has read and accepted, without exception, the Premium Subscription Terms. For the avoidance of doubt, the Premium Subscription Terms are additional to the Terms which will continue to apply to Users who have acquired a Premium Subscription unless it is expressly provided otherwise in relation to specific provisions in the Premium Subscription Terms.

These Premium Subscription Terms are available to the User before the purchase of the Subscription and may be stored or reproduced on a durable medium.

The Premium Subscription Terms are available in English and Spanish. In case the User is interested in purchasing any Premium Subscription, it has to follow the instructions available in the Website from time to time.

The Subscriptions available are offered in the Website where the pertinent information, price and conditions are included (including, without limitation, restrictions to the number of downloads each day). The Company can modify the Subscriptions offered at any time, offering with new Services (to which, unless otherwise stated, these Subscription Terms shall apply) or ceasing to offer any of the Services. The Subscriptions are personal, shall not be assigned to third parties and no third parties other than the User shall be allowed to use the Flaticon Content (including as third parties, for these purposes, affiliates or entities part of the same group of companies).

The price for the Subscription is stated in the relevant currency in the Website and includes, if applicable, the relevant Value Added Tax. The Company is entitled to modify the price for any Subscription at any time. The Company shall apply the price stated in the Website at the time of the submission of the Subscription order by the User.

The User shall pay the Premium Subscription in advance through Paypal, credit/debit card or any other valid payment method offered by the Company, as stated in the Website. To purchase and pay the Premium Subscription, the User shall follow the instructions stated in the Website. The processing of the payment information and data through Paypal or credit/debit card is made within third-party sites. When ordering any Premium Subscription, the User authorizes the Company to collect the corresponding price through the chosen payment method. The Premium Subscription shall not be activated until the Company has received the payment or the payment has been authorized by the relevant financing entity. After that, the Premium Subscription shall be in force for the term purchased by the User.

Unless otherwise stated in these Premium Subscription Terms, the Premium Subscriptions shall be automatically and successively renewed at the expiration of its term, unless the User cancels the renewal of the Premium Subscription before its expiration. The Company shall charge the corresponding price by the same initial payment method. The Company may modify the price for the renewal of the Premium Subscription, provided that the User is informed with, at least, one-month prior notice, via email sent to the email address used for the registration process.

Once the User purchases the Premium Subscription, the screen shall confirm the purchase. In addition, within the shortest time reasonably possible and not after twenty-four (24) hours since the acceptance of the order, an email shall be sent to the User with the receipt of the purchase. The receipt may be stored and printed. The User may request and download an invoice as stated within the Website twenty-four (24) hours after making the relevant payment.

After the purchase of the Premium Subscription, the User may benefit from the following:

• The Service consisting in using the Flaticon Content without crediting the Company/Website.
• The Service consisting in using the Storyset Content (as defined here) without crediting the Company/website.
• Access all contents available in the Website.
• Use the Website without advertisement displaying.
• Not to be subject to the restrictions as to number of content downloads applicable to the Flaticon Content from time to time, without prejudice to the application of certain restrictions to the number of downloads aimed at preventing a fraudulent or abusive use of the Website.

The rest of the Conditions, including the conditions established or referred to in Clauses 7 and 8, will continue to apply, such as, without limitation, the prohibited uses for Flaticon Content.

As the content in the Website is digital content, no cancellation right shall apply, which is expressly acknowledge and accepted by the Users, without prejudice to the guarantees stated in the consumers’ regulations that may be applicable, unless the Company states otherwise, in which case, will be subject to the conditions set forth by the Company.

10. Changes and Closure of the Website

The Company may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Website or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User accounts and their corresponding information. However, the Company will comply with its obligations regarding the keeping of records in relation to certain transactions for the relevant period as provided by applicable law or refund the Users of Subscriptions in force at that time with the proportional part of the price not accrued before the termination.

11. General and Contact Information

The use of the Website and the Services and the interpretation and application of these Terms shall be governed by Spanish Law. Except for those cases in which the applicable law impose a specific jurisdiction, any dispute in connection with these Terms shall be resolved by the Courts of Málaga (Spain), and the parties expressly waive any other applicable jurisdiction.

In accordance with the provisions of article 14 of Regulation (EU) 524/2013, the Users are informed that, in the cases in which it is applicable due to the condition of the User as a consumer, the European Commission has an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/.

If any provision in these Terms is declared to be invalid or unenforceable, it shall be substituted or deemed as not included. The remaining provisions in these Terms shall not be affected in any way.

You may contact the Company for any query or claim in https://www.flaticon.com/contact/.

1. Definitions

With regard to these Terms and Conditions, the terms hereunder shall be construed to mean as follows:

1.1. API Client

refers to a website or software application (including mobile phone applications) developed by the Customer that accesses or uses the Flaticon API Services.

1.2. Developer Policies

refers to the policies on the Flaticon API Services that are currently available at https://api.flaticon.com/v3/docs/index.html which the Customer and its API Client(s) are obliged to fulfill in addition to all of the other Terms and conditions while accessing or using the Flaticon API Services.

1.3. Flaticon API Services

refers to:

1. access to and use of the API Services made available by Freepik on the Flaticon Developer Website (as this term is defined hereunder), including any services related to said access, use or API;
2. any documents, information, materials, source codes and software (including any human-readable programming instructions) related to the Flaticon API or its associated services that are made available by Freepik;
3. any data, contents and information provided to API Clients (as this term is defined hereunder) (hereinafter API Data); and
4. the credentials which Freepik has assigned to the Customer and its API Client(s).

1.4. Freepik's Confidential Information

refers to any information belonging to Freepik which is provided to the Customer in relation to accessing or using the Flaticon API Services, excluding any information the Customer have developed independently, any which has been lawfully delivered to the Customer by a third party that is not subject to confidentiality obligations or any which has been made publicly available without the Customer being involved in its disclosure.

1.5. Flaticon Developer Website

refers to Flaticon's developer website, including the web pages currently available at https://api.flaticon.com/.

1.6. Flaticon Guidelines

refers to the guidelines and other documents posted on the Freepik Developer Website.

1.7. Personal Data

has the meaning set forth in REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) or the national legislation of the EU Member State which supplements or implements it, as said legislation is progressively updated, amended and/or replaced from time to time.

2. The Terms and conditions

2.1. Object

This Terms and conditions sets forth the conditions to access to and use of the Flaticon API Services by the Customer.

The API consists of tools and documents to facilitate the creation of a software application (hereinafter the Application) which will allow the Customer or the API Client(s) to search for, license, download and use Flaticon content subject to the limitations and conditions described hereunder or in the relevant documents referred to in this Terms and conditions.

Subject to fulfillment of all the terms and conditions set forth in the Terms and conditions, Freepik grants the Customer a limited, non-exclusive, revocable, personal, non-sublicensable and non-transferable license to access and use the Flaticon API Services solely to develop, test, display, distribute and run the Application and place Flaticon content at the disposal of the Customer API Client(s).

Subject to fulfillment of all the terms and conditions set forth herein, Company hereby authorizes the API Client’s users in a non-transferable, revocable, limited, non-exclusive manner and on a worldwide basis for the duration of the relevant rights to download, use and modify the Freepik Content, in a device the User owns or controls and only for the purposes and uses allowed in the Flaticon Terms of Use.

Freepik reserves all rights which are not expressly granted through this license.

The Customer will need a unique password and/or another credential (jointly referred to herein as API keys) to initiate a session in its account and access and use the Flaticon API Services. The Customer may only access its account with the API keys provided to the Customer by Freepik. The Customer shall not sell, transfer, dispose of, sublicense or divulge its API keys. The Customer shall not use the API on any platform, website or application other than the API Client disclosed to Freepik as part of the API account's creation. The Customer is responsible for safeguarding and maintaining the security and confidentiality of its API keys by not disclosing them to third parties or allowing them to be used by third parties. The Customer is solely and exclusively liable for all the activities which are performed with its API keys on any device, regardless of whether or not said activities are performed by the Customer or by a third party. Freepik may suspend or cancel the API keys if it deems that the security or confidentiality have been jeopardized.

Freepik does not warrant that any individual element of the Flaticon content will be available and shall have full discretion to determine which Flaticon content will be available to API Clients through the Flaticon API Services.

Freepik reserves the right to release newer versions of the API from time to time and to require that the latest version be used. These Terms and conditions shall apply to access to and use of said latest version. To clarify, these Terms and conditions do not grant any right whatsoever to any update, upgrade or modification of the API.

The Customer shall not lease, sell, distribute, communicate to the public or sublicense the Flaticon API Service. Any attempt to perform the aforementioned actions is a violation of Freepik's rights and those of its licensors.

2.2. Sections of the Terms and Conditions.

The Terms and Conditions is comprised of:

1. the Terms and Conditions;
2. the Developer Policies;
3. the Flaticon Privacy Policy available at https://www.freepikcompany.com/privacy; and
4. The Flaticon Terms of Use available at here

2.3. Amendment of the Terms and conditions

Freepik may amend the Terms and Conditions or any of the documents which comprise the Terms and Conditions. Freepik shall endeavor to give notice of any changes made to the Terms and Conditions by sending an e-mail at least 30 calendar days before said changes come into force.

Nonetheless, any specific changes which incorporate new functions, or any made for legal reasons may enter into force immediately, regardless of whether or not notice thereof is given. If the Customer disagrees with any of the changes, the Customer may terminate the Terms and Conditions. If the Customer do not terminate the Terms and Conditions immediately and continue accessing or using the Flaticon API Services, whether directly or through the API Client(s), including any development activity related to any of the Flaticon API Services and any interaction of the API Client(s) with any of the Flaticon API Services, it shall be deemed that the Customer has accepted said changes.

3. Access to and Permitted Use of the Flaticon API Services

When the Customer access or use the Flaticon API Services, the Customer and its API Client(s)

1. shall at all times fulfill the Terms and conditions; and
2. shall only access (or attempt to access) the Flaticon API Services to develop and operate its API Client(s) as provided by the Terms and Conditions and the documents on the specific Flaticon API Services the Customer accesses or uses. Freepik may suspend or cancel access to or the use of any of the Flaticon API Services (including any credentials assigned to the Customer or its API Client(s), impose additional requirements or restrictions, or terminate the Terms and Conditions between the Customer and Freepik due to any breach of the Terms and Conditions committed by the Customer or by anybody else acting on the Customer’s behalf.

The Customer agrees not to use the Flaticon API Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the Customer agrees not to partake in any conduct or action that could damage the image, interests or rights of Freepik or third parties.

The Customer shall not perform, nor allow any person to perform, whether directly or indirectly, any actions of reverse engineering, dismantling, reconstruction, decompiling, translation, modification, copying or in order to obtain the source code, nor shall create works derived from the Flaticon API Services or from any aspect or part thereof, including, but not limited to, the sources code and algorithms, except where it is explicitly allowed under this Terms and Conditions.

4. Registration

The Customer must register and create an account to access and use the Flaticon API Services. The Customer may be required to provide certain information (such as identification or contact data) as part of the registration process or as part of the access and use the Customer makes of the Flaticon API Services. Our Privacy Policy sets forth how we process the Customer Personal Data and protect its privacy where the Customer provide Personal Data in relation to its access to and use of the Flaticon API Services.

5. Restrictions

Notwithstanding any other limitations set forth herein, the Customer and its API Client(s) shall

1. use the Flaticon API Services in good faith and solely for the purposes allowed under this Terms and Conditions, avoiding any fraudulent purpose or negligent use thereof;
2. fulfill all the laws, standards and regulations which apply and not infringe third-party rights;
3. not access or use the Flaticon API Services in a way which breaches said laws, standards and regulations or third-party rights, or in a way that is deceitful, unethical, false or confusing, and require anybody else acting on the Customer behalf and its API Client(s) to do so as well; and
4. set forth terms and conditions and privacy policies for users of its API Client(s) that are in accordance with this Terms and Conditions and provide ongoing commercial support to said users

Without limiting the foregoing, the Customer shall not distribute or provide access to its API Client(s) in breach of the trade laws of Spain. The Customer likewise undertakes not to behave in any way that could harm Freepik' image, interests and rights or those of third parties. The Customer shall refrain from impersonating another user or person or from performing any action that may affect or interfere with the API, the Flaticon API Services or their security. It is forbidden to access or use the Flaticon API Services in a way which is contrary to their normal use by means of techniques other than those authorized by Freepik from time to time or which unreasonably harm Freepik's interests.

Customer shall not use the Flaticon API Services to license, resell, distribute or package Flaticon content or for any other activity in a way that violates Freepik Terms of Use or might harm Freepik’s business operations, including, without limitation, any print-on-demand services or any other service in which the Flaticon content is directed o may be directed to be used in printed or electronic items (e.g. t-shirts, cups, postcards, birthday or greeting cards, invitations, calendars, web models or electronic devices, apps, NFTs, videogames, advertising spots, audiovisual animations) aimed to be resold, in which the content in the Flaticon content is the main element (because of size, relevance or any other cause, in case of doubt about whether the content is main element, it shall be deemed that the content is main element).

The Customer is solely liable for properly managing and operating the service offered through its API Client(s), as well as for any relationship with or liability to the users of its API Client(s).

6. API Clients and Supervision

Freepik may supervise, review and inspect the Customer API Client(s), as well as supervise and audit the access and use the Customer makes of the Freepik API Services from time to time without further notice to ensure quality, upgrade our products and verify the Customer fulfillment of the Terms and Conditions.

7. Intellectual Property

The Customer and its API Client(s) shall not infringe or violate third-party rights, including intellectual and industrial property rights, confidentiality rights, privacy or data protection rights, image rights or any other kind of rights, and the Customer shall require anybody else acting on its behalf and its users that they shall not do so either.

Nothing set forth in the Terms and Conditions grants or shall be construed to grant any right to use any Freepik intellectual property trademark except solely as expressly provided herein. Subject to fulfillment of all the terms and conditions set forth in the Terms and conditions, Freepik grants the Customer a limited, non-exclusive, revocable, personal, non-sublicensable and non-transferable license to access and use the Freepik API Services solely to use the Freepik trademark indicated by Freepik from time to time to promote the Application's use. Such use must always be done in a way which does not affect Freepik's reputation and prestige and in accordance with any instructions Freepik may issue from time to time. The Customer shall not use the Freepik trademark in any way which suggests that the Customer is certified by, guarantied by, sponsored by or associated in any way to Freepik or its different activities, except where express written authorization thereof is granted by Freepik. The Customer agrees that it shall not use Freepik trademarks in any way that might harm, disparage or adversely affect said trademarks and that it shall not attempt to register any trade name, trademark, distinctive sign, logo or domain name that is confusingly similar to Freepik's distinctive signs.

8. Publicity

Freepik may use the Customer name, trade names, trademarks or logos in presentations, marketing material, customer lists, financial reports, customer lists posted on websites, market research studies and other marketing activities, including incidental reproductions such as screenshots, videos or other content of its API Client(s). The Customer hereby grants Freepik, which accepts, a non-exclusive, irrevocable, free, worldwide and perpetual license to display its company or organization's name, trade names, trademarks or logos for the aforementioned purposes. The Customer shall not make any public statement regarding its use of the Freepik API Services which suggests Freepik's association, sponsorship or endorsement without Freepik's prior written authorization thereof.

9. Modification of the Freepik API Services

9.1. Right to Make Modifications

Freepik is constantly innovating and, as part of its ongoing innovation efforts, Freepik may alter or interrupt any aspect of the Freepik API Services (including any specifications, protocols or access methods to any part of the Freepik API Services) as they apply to any specific Freepik API Services or API Client user, user category or API Client, or to all users or API Clients, from time to time without giving any prior notice thereof. Freepik shall endeavor to give the Customer sufficient advance notice thereof or issue a prior announcement in this regard, without incurring any obligation whatsoever to do so.

9.2. Changes to Previous Incompatible Versions

Where Freepik intends to make changes to previous incompatible versions of the Freepik API Services, it shall announce it on the Freepik Developer Website and endeavor, at its reasonable discretion, to continue maintaining the software source code of the Freepik API Service versions thus affected during six (1) months as from the date such changes to the previous incompatible versions are announced.

10. Plans, Billings and Payments

The Customer shall be charged a fee based on the agreed plan for the Freepik API Service provided pursuant to this Terms and Conditions (“ Fees”) as more fully set forth in the Order Form.

The Customer agrees to pay the Fees through an accepted payment method as specified in an Order Form. Customer hereby authorizes Freepik and/or Freepik’s authorized agents, as applicable, to bill Customer in accordance with the Order Form for the Service (and any renewal thereof). Unless otherwise stated in a Order Form, Customer’s payment is due in full immediately upon each due date with respect to the Service. Customer must notify Freepik of any change in Customer’s payment account information, either by updating its Account or via e-mail.

Failure by the Customer to comply with the payment obligation set out in this clause for a period of more than five (5) days shall entitle the Company to suspend access to the Freepik API Service until the Customer remedies that breach.

For any renewal term, Freepik reserves the right to change the Fees and billing methods by giving Customer at least thirty (30) days’ notice prior to the commencement of such renewal Term. Unless the Terms and Conditions is terminated, Customer acknowledges and agrees that Customer will be automatically charged for the applicable Fees.

Unless otherwise specified in this Terms and Conditions or Order Form, all Fees are non-refundable. Freepik does not provide refunds or credits for any partial use or non-use of the Services.

Unless otherwise specified in a Order Form, the Fees do not include any taxes, levies, duties, fees or other amounts assessed or imposed by any government authority, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). Except for taxes imposed on Freepik’s income, Customer is responsible for paying the Taxes that would be levied against Customer by government authorities. Freepik will invoice Customer for such Taxes if Freepik believes Freepik has a legal obligation to do so and Customer agrees to pay such Taxes

Freepik may, at its sole discretion, offer Customer certain non-transferrable benefits (such as discounts on Fees or a free extension in Term) specific to the Services.

11. Audit Clause

From time to time, Freepik and Customer shall regroup and assess ongoing use and consumption of the API Service. Freepik reserves its right to access Client servers, logs, billing systems, to audit the fair use of the Service. Such audit will be at Freepik's own expenses. Client will make their best effort to facilitate such audit, in case Freepik requested it. For sake of clarity, not providing nor facilitating access to Customer usage analytics and data would be considered as a material breach of Contract by Customer. Freepik shall hold a free, worldwide, transferable, sublicensable and perpetual right to use said information to change, operate and upgrade the Freepik API Services.

12. Term, Termination and Suspension

12.1. Term

This Terms and Conditions will remain in effect for the period set forth in the Order Form starting from the Start Date (the “Term”). At the end of each Term, Freepik API Service will automatically renew for additional and equal Term. If either party does not want the Freepik API Service to renew, then it must notify the other party in writing at a period of time prior to the end of the then current Term. This period of time shall be 10 days in case of a monthly subscription and 30 days in all other cases. This notice of non-renewal will be effective upon the conclusion of the then current Term.

12.2. Termination for Cause

Either party may suspend performance or terminate these Terms if: (i) the other party is in material breach of the Terms and fails to cure that breach within thirty days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of these Terms more than two times notwithstanding any cure of such breaches.

12.3. Effects of Termination

After any suspension, interruption notice or termination (whether by the Customer or by Freepik), the Customer shall immediately cease to access and use any of Freepik's Property (as defined below) and delete all the Freepik API Services and Freepik's Confidential Information in its possession or under its control, including any housed in the Customer servers. Upon Freepik's request, the Customer shall certify the deletion of all the Freepik API Services and Freepik's Confidential Information that are in its possession or under its control in writing and with the signature of a duly authorized representative. Freepik may independently get in touch with any holder of accounts that are associated to credentials assigned to the Customer or to its API Client(s) in order to give notice of the termination of access to and use of the Freepik API Services and make any announcement regarding its API Client(s) (as appropriate).

13. No implied licenses

13.1. Ownsership

Freepik and its licensors shall keep and maintain all rights (including intellectual and industrial property rights, such as patents, copyrights, corporate secrets and other property rights) to or in relation to the Freepik API Services (including API Data), Freepik's distinctive signs, the Freepik Developer Website, the Terms and Conditions, Freepik's Confidential Information, all the underlying technology and IT programs, along with all the works derived from any of the foregoing (jointly referred to hereinafter as Freepik's Property). The Customer shall keep ownership of all the rights to the Customer API Client(s), apart from any of Freepik's Property.

13.1. No Other rights

Except for the rights expressly granted under the Terms and Conditions, Freepik does not grant the Customer any other rights or licenses (whether express, implied, by operation of law or exhaustion, or otherwise) to Freepik's Property or to any of Freepik's intellectual or property rights.

14. No Patent or Content Licenses or Rights

Without limiting the general nature of the foregoing, no patent rights or licenses held or controlled by Freepik are granted, nor are any rights or licenses granted to reproduce, distribute or make Freepik content available in any way other than by using the Freepik API Services in accordance with the Terms and Conditions. Freepik reserves all rights that are not expressly granted through this Terms and Conditions.

15. No Exclusivity

The Terms and Conditions is a non-exclusive Terms and Conditions. The Customer hereby states and agrees that Freepik can and may develop websites, applications, products or services that compete with the Freepik API Services, its API Client(s) or any other product or service. Furthermore, Freepik is under no obligation whatsoever to place any such products or services at the Customer disposal.

16. Confidentiality

Any communications Freepik sends the Customer and the Freepik API Services may contain Freepik's Confidential Information. If the Customer receives any of Freepik's Confidential Information, the Customer shall keep it confidential, refrain from using it except for its own permitted use of the Freepik API Services in accordance with the Terms and Conditions and refrain from disclosing it to any third party without Freepik's prior written consent. Furthermore, the Customer shall take measures to prevent any unauthorized use, access or disclosure to third parties of Freepik's Confidential Information in the same way as the Customer would protect its own confidential propriety information, which shall not in any event be less than that of a reasonable level. Notwithstanding the foregoing, the Customer may disclose Freepik's Confidential Information where so required by law after giving sufficient notice thereof, unless the competent court rules that Freepik should not be served such prior notice. The Customer likewise undertake to destroy or return Freepik's Confidential Information upon Freepik's reasonable request. The Customer’s confidentiality obligations shall apply for as long as the Confidential Information remains confidential. As a consequence of the sensitive and secret nature of Freepik's Confidential Information, the Customer acknowledges that its unauthorized disclosure or use may result in irreparable harm and that the Customer may be subject to civil actions.

17. Warranties and Exclusion of Liability

17.1. No warranties

The Customer acknowledges and accepts that it shall use the Freepik API Services at its sole risk and liability. The Freepik API Services are provided "as is" and "as available" with all their defects and without any warranty of any kind whatsoever. Except as expressly set forth in the Terms and conditions, Freepik does not grant and rejects that any condition, warranty or other term shall apply to any service, software or any other goods or service provided by Freepik under the Terms and conditions.

17.2. Additional Exclusion of Liability

As provided by Clause 19 (Limitation of Liability), any condition, warranty or any other implicit term (including any implicit term referring to satisfactory quality, fitness for purpose and conformity with description) regarding the Freepik API Services or Freepik services related to this Terms and conditions is excluded. More specifically, Freepik does not warrant that:

1. the Freepik API Services will meet the Customer needs, those of its API Client(s) or those of it/their users;
2. the Freepik API Services will run without stoppages, downtimes or in a timely, secure or error-free way;
3. the Freepik API Services will be accurate, reliable, complete, continue to exist, be of satisfactory quality, not infringe third-party rights or be otherwise valid; or
4. defects in the running and functionality of any aspect of the Freepik API Services, including any software, source code, content (including icons), data, support or anything else provided to the Customer or its API Client(s) as part of or in relation to the Freepik API Services will be corrected.

17.3. No External Warranties

To the extent allowed under the law which applies and subject to the provisions set forth in Clause 19, no advice or information obtained from Freepik, any third party related to Freepik or via the Freepik API Services, whether verbally or in writing, shall give rise to a warranty that has not been expressly set forth in the Terms and conditions.

17.4. Third-Party Services

The Freepik API Services may contain links to third-party websites and online services which are not owned or controlled by Freepik. Freepik has no control over such websites and online services and assumes no liability whatsoever for them.This services may be subject to specific conditions or instructions that must be accepted by the Customer prior to the provision of the relevant Service. These specific conditions may be imposed by Freepik or by third parties. Such specific conditions shall apply in addition to the Terms and Conditions and, in case of conflict, shall supersede the Terms and Conditions. Accordingly, the Customer must read and accept such specific conditions before the provision of the relevant service.

17.5. Support

The Customer understand and accept that it is solely liable for operating and maintaining its API Client(s) without there being any obligation for Freepik in this regard, unless otherwise stated herein. Freepik shall offer a support channel to attempt to sort out technical issues related to the implementation and use of the Freepik API Services without assuming any obligation or warranty of any kind whatsoever.

19. Liability

19.1. Limitations of Freepik's Liability

Freepik shall not be liable under the Terms and conditions (whether due to contractual liability, extracontractual liability – including third-party liability – or of any other kind) for any special damages, consequential loss, loss of profit, loss of revenue and loss of opportunity suffered or incurred by the Customer or otherwise for data loss or corruption, the withdrawal or modification of any aspect of the Freepik API Services, or in relation to any content sent to Freepik's websites, applications, services and products by users or partners, or for any defamatory, offensive or unlawful behavior by said persons or entities (regardless of whether or not the parties have foreseen such losses). Freepik shall likewise not be liable for any damages which may arise from:

1. Stoppages, downtimes, viruses, faults, interferences, omissions, electronic system or communications system disconnections or disconnections in its equipment for reasons beyond Freepik's control.
2. Delays or blockages in the use of the API or the Freepik API Services due to deficiencies or overloading on the Internet, lines or electricity or communications systems.
3. Actions by third parties.
4. Inability to access the API or the Freepik API Services due to maintenance or updating work.
5. Any other circumstance beyond Freepik's control.

19.2. Additional Limitations

To the maximum extent allowed under the law which applies and subject to the provisions set forth in this clause, Freepik's total liability under the Terms and conditions or in relation to it (whether due to contractual liability, extracontractual liability – including third-party liability – or of any other kind) shall be limited to the amount the Customer have paid Freepik for access to and use of the Premium API Services over the twelve months prior to the event that gave rise to the liability.

19.3. Indemnity

The Customer shall indemnify Freepik, its administrators, directors, employees, collaborators and users for any liability, damages, harm, loss, cost, fees (including attorneys' fees) and expenses resulting from any court or out-of-court claims brought by third parties (any or all are referred to hereunder as Claim or Claims) in so far as they arise from or are related to:

1. access to or any use of the Freepik API Services by the Customer, anybody else acting on its behalf, its API Client(s) or any of its users;
2. a breach of the Terms and conditions (or of any part thereof) by the Customer, anybody else acting on its behalf, its API Client(s) or any of its users, including any infringement of any third-party right (including any intellectual or industrial property right, confidentiality and data protection right, image right or any other right) by The Customer, anybody else acting on its behalf, its API Client(s) or any of its users; or
3. any content, data, technology or materials provided or contributed by the Customer, anybody else acting on its behalf, its API Client(s) or any of its users, and not by Freepik.

20. General Provisions

20.1. Entire Terms and conditions

The Terms and conditions governing the relationship between both Parties constitutes the entire and complete Terms and conditions between the Parties with regard to its purpose.

20.2. No Waiver

Freepik shall not be deemed to have waived exercising any right under this Terms and conditions due to its failure to exercise it at any time (or for a delay in exercising it).

20.3. Nullity and Severability

If any specific clause of the Terms and conditions is declared null and void, unlawful or unenforceable by a competent court, said clause shall be amended so that it applies and reflects the parties' intention to the extent possible. Should this turn out to be impossible, it shall be deemed to have been eliminated and the rest of the Terms and conditions shall remain in force.

20.4. Notices

All written notices must be drafted in English or Spanish and sent by e-mail to the address indicated on the Order Form and shall be deemed to have been served after their reception.

20.5. Assignment of the Terms and conditions

Freepik may transfer or assign the Terms and conditions, including any rights and licenses granted under it, to a third party, but the Customer may not do so without Freepik’s previous approval.

20.6. Relationship of the Parties

This Terms and conditions does not involve the creation of an association or an agency relationship with Freepik. The parties are independent contracting parties.

20.7. Priority

Should there be any discrepancy between these Terms and conditions and the other documents which comprise the Terms and conditions on the Freepik API Services, the Terms and conditions shall prevail. In the event of a discrepancy involving the remaining documents which comprise the Terms and conditions, they shall prevail as per the order in which they are set forth in Clause 2 above.

20.8. Governing Law and Competent Jurisdiction

The Terms and conditions shall be governed by Spanish law. To the extent allowed under the law which applies, Both Parties accept to submit to the sole jurisdiction of the Spanish courts and tribunals, in particular those of the city of Malaga, in order to settle any legal dispute which may arise from the Terms and conditions. Notwithstanding the foregoing, Freepik may file for an injunction (or any other equivalent urgent legal remedies) in any jurisdiction.

1. Services Offered

Through the Website, the User can search, access and/or download presentation templates (slides) regarding various themes and styles that may include, without limitation, text files and graphic resources such as icons, illustrations, photographs and videos with its corresponding audio ("Slidesgo Content").

2. Authorized Use

The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith. In particular and without limitation, Users undertake that any access or downloads of any content available in the Website or through the Services will always be the result of a genuine legitimate interest of the User.

The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner that could damage the image, interests or rights of the Website or third parties.

The User will not interfere with the functioning of the Website or in the Services. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or the Services, which may impact the security of the Website or the Services, or which may in any way interfere with the Services offered by the Company. The use of robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website or the Services in any way which is contrary to the ordinary use of the Website or which infringes the Company’s interests (without its express prior authorization) is strictly prohibited. Likewise, obtaining or attempting to obtain the contents of the Website using any method or system not expressly authorized by the Company or which is not the ordinary method of accessing the Website is also strictly prohibited.

The User shall be responsible for any costs required for the Services’ use and for ensuring, prior to using the Services, that the Services’ features meet the User’s needs and that he/she/it meets all requirements and has all the equipment and software necessary for this purpose.

The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from the Company.

When providing the Services, the Website can publish advertising either related or not to the searched contents or the Services, which is expressly accepted by the User.

3. Content

The Services allow Users to search, access, and/or download Slidesgo Content. Slidesgo Content is offered under the conditions stated from time to time in the Website, and its use is allowed in the terms set out in these Terms.

If you have any question regarding any content or believe that it infringes any right, that it does not comply with these Terms, or that is inappropriate, you can do so by contacting the Company as indicated in these Terms or following the instructions provided on the Website for a copyright complaint.

4. Liability

The User acknowledges and agrees that he/she/it uses the Website and its Services at the User’s own risk and under the User’s responsibility and, therefore, the Company does not accept any responsibility for misuse or use in breach of these Terms.

The User will be responsible for any damages to the Company resulting from the User’s use of the Website and the Services in breach of the Terms and accepts to indemnify the Company and its directors, employees, agents and representatives from any liability in which they may incur as a result of the User’s breach of these Terms.

The Company does not warrant the availability or continuity of the Website or the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.

As way of example and without limitation, the Company shall not be liable for any damages that may result from:

• Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not the Company’s responsibility.
• Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
• Third-party actions.
• Unavailability of the Website and the Services due to maintenance or software updates.
• Any other event beyond the Company’s direct control.

Save for the company’s wilful misconduct, and those cases in which due to the specific circumstances of the user involved or the nature of the matter, applicable law provides that liability cannot be limited by agreement, use of the website and the services is at sole risk of the user and the company shall not be liable for any damage of any kind caused to the user as a result of using the website and/or the services.

5. Intellectual Property

All intellectual property rights over the Website, the Services, and/or the Slidesgo Content, its design, and source code, and all content included in any of them (including without limitation text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to the Company.

Except as expressly authorized under these Terms, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Website, the Services, the Slidesgo Content or any of its parts, is strictly forbidden.

If you believe that any content infringes third party rights or does not comply with these Terms, you can report it to the Company as set forth in these Terms. In addition, you can use the copyright infringement report system that is provided with any result in the Website.

6. License Agreement for Slidesgo Content

The Company authorizes the User to access, download and use the Slidesgo Content under the terms of this Section. The Company and its licensors reserve all rights over the Slidesgo Content not expressly granted in this license to the User.

The Company authorizes the User in a non-transferable, limited, non-exclusive, manner and on a worldwide basis for the duration of the relevant rights; to download, use and modify the Slidesgo Content, in a device the User owns or controls and only for the purposes and uses allowed in these Terms.

The User may only use contents within the Slidesgo Content to create presentations, modify them, and share the editable presentation containing the Slidesgo Content with other individuals belonging to the same team or organization as the User and who are collaborating with the User in the presentation’s creation and/or modification ("User’s Team"). Therefore, the User may only share an editable format of the Slidesgo Content with the User’s Team and only to collaborate in the creation or modification of the presentation.

The User is only allowed to share Slidesgo Content to third parties outside of the User’s Team in a non-editable format, ensuring always that neither the User, the User’s Team nor the third-party recipient are sublicensing, reselling or distributing Slidesgo Content in any manner not expressly provided for in these Terms. Additionally, the User shall, at all times and whether sharing with the User’s Team or third parties, ensure that the creators or holders of rights over the original content included as part of the Slidesgo Content (e.g. icons, vectors, photos, etc.) are duly credited in all copies of the presentation. In particular, the User undertakes not to remove in any editable or non-editable format of a presentation, any crediting section which may have been generated by the Website, unless the User acquires a license allowing him/her/it to omit such acknowledgement. The Website might contain further indications about the crediting obligations the User must comply with and information about which license allows them to remove such acknowledgement.

Under no circumstances shall the User or the User’s Team be allowed to sublicense, resell, distribute or allow any third parties to use the contents within the Slidesgo Content in any other way without the Company’s prior written consent.

The User rights under this Section will end automatically without any notice if the User breaches any of the Terms. In case of termination of the rights hereunder, the User shall cease using content in the Slidesgo Content and will destroy every copy, whether total or partial, thereof.

7. Changes and Closure of the Website

The Company may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Website or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User accounts and their corresponding information. However, the Company will comply with its obligations regarding the keeping of records in relation to certain transactions for the relevant period as provided by applicable law.

8. General and Contact Information

The use of the Website and the Services and the interpretation and application of these Terms shall be governed by Spanish Law. Except for those cases in which applicable regulations impose a specific jurisdiction, any dispute in connection with these Terms shall be resolved by the Courts of Málaga (Spain), and the parties expressly waive any other applicable jurisdiction.

If any provision in these Terms is declared to be invalid or unenforceable, it shall be substituted or deemed as it had not been included. The remaining provisions in these Terms shall not be affected in any way.

You may contact the Company for any query or claim via support@slidesgo.com.