This website is operated by Freepik Company, S.L., registered in the Commercial Registry of Málaga, volume 4994, sheet 217, page number MA-113059, with Tax Number B-93183366 and registered office at 13 Molina Lario St., 5th floor, 29015, Málaga, Spain ("Company").
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 the terms of the relevant Website/Service.
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 Should the User provide false, outdated or incomplete information, or should the Company have reasons to suspect it, the Company reserves the right to suspend or cancel the User’s account.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.
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 the terms of the relevant Web Site/Service.
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.
Regarding contents owned by third parties, whether sponsored or otherwise (if any), the Company acts exclusively as a provider of a search service as requested by the User, 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 applicable law.
Regarding content owned by third parties and offered through the Websites and/or Services in collaboration with the Company (if any), the Company acts exclusively as the provider of the intermediation service between the third parties’ offer of 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 any equivalent expression. 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.
All intellectual property rights over the Website, the Services, 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 the terms of the relevant Website/Service, 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 or its content or any of its parts, is strictly forbidden.
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.
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.
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 via firstname.lastname@example.org
API Services Terms and Conditions
These Terms and Conditions of the Freepik API Services and Flaticon API Services (collectively, the “API Services”) are binding and shall apply to access to and use of the API Services by the user (hereinafter “the Customer”). Customer access to and use of the API Services implies that the Customer has read and accepted all these Terms and Conditions of the API Services. We therefore recommend that you review them frequently.
The API Services (as defined hereunder) are provided by Freepik Company, S.L., whose registered office is at Calle Molina Lario 13, 5th Floor, 29015 Malaga, Spain. It is duly registered at the Malaga Companies Registry in Volume 4994, Folio 217, Sheet number MA-113059 and is the holder of T.I.N. B93183366 (hereinafter “Freepik” or “the Company”). You must fulfill these Terms and Conditions of the API Services (hereinafter the “Terms and Conditions”) at all times when you access or use the API Services. By accessing and using the API Services and in exchange for receiving the benefits of the API Services provided by Freepik, you agree to be bound by the Terms and conditions (as this term is defined hereunder).
Freepik may modify the Terms at any time and thus we recommend that the Terms are reviewed on a regular basis by the Customer. The date at the beginning of these Terms refers to the latest update of these Terms, which will be applicable from the date of publication.
Access to and use of the API Services may be subject to any specific conditions or instructions Freepik or third parties may issue which shall complete or, if contrary to the provisions set forth herein, replace the contents of these Terms and Conditions of the API Services, which must be accepted by you before the relevant access and use.
Freepik and Customer are individually referred to as “Party” and collectively as “Parties”.
With regard to these Terms and Conditions, the terms hereunder shall be construed to mean as follows:
- API Client refers to a website or software application (including mobile phone applications) developed by the Customer that accesses or uses the API Services.
- Developer Policies refers to the policies on the API Services that are currently available at https://docs.freepik.com/ and https://api.flaticon.com/ 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 API Services.
- API Services refers to (i) access to and use of the API Services made available by Freepik on the Developer Website (as this term is defined hereunder), including any services related to said access, use or API; (ii) any documents, information, materials, source codes and software (including any human-readable programming instructions) related to the API or its associated services that are made available by Freepik; (iii) any data, contents and information provided to API Clients (as this term is defined hereunder) (hereinafter API Data); and (iv) the credentials which Freepik has assigned to the Customer and its API Client(s).
- Freepik's Confidential Information refers to any information belonging to Freepik which is provided to the Customer in relation to accessing or using the 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.
- Freepik Content refers to the content offered through the API Services which is owned by Freepik or its licensors
- Developer Website refers to Freepik and Flaticon's developer website, including the web pages currently available at https://docs.freepik.com/ and https://api.flaticon.com/.
- End User refers to persons who access and interact with the Freepik Content via the API Client. Such persons use the applications or websites created by the Customer and, while they may benefit from the functionalities powered by the API Services, they don't directly call or interact with the API Services themselves.
- Guidelines refers to the guidelines and other documents posted on the Developer Website.
- 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
This Terms and conditions sets forth the conditions to access to and use of the API Services by the Customer.
The API consists of a set of tools, protocols, and documents designed to facilitate the integration of Freepik Content into the API Client. Through this integration, the Customer can develop and offer functionalities to End Users subject to the limitations and conditions described hereunder and in the relevant documents referred to in this Terms and conditions.
Subject to 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 API Services solely to develop, test, display, run and place Freepik Content at the disposal of the API Client.
Subject to fulfillment of all the terms and conditions set forth herein, Company hereby authorizes the API Client’s End 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 End User owns or controls and only for the purposes and uses allowed in the Freepik Terms and Conditions and Flaticon Terms and Conditions.
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 API Services. The Customer may only access its account with the API keys provided 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 suspects that the security or confidentiality have been jeopardized or that misuse, bad faith actions, excessive requests, performance issues, or non-compliance with terms and conditions are occurring.
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 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 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:
- the Terms and Conditions;
- the Developer Policies;
- the Freepik Terms and Conditions; and
- the Flaticon Terms and Conditions.
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 API Services, whether directly or through the API Client(s), including any development activity related to any of the API Services and any interaction of the API Client(s) with any of the API Services, it shall be deemed that the Customer has accepted said changes.
3. Access to and Permitted Use of the API Services
When the Customer access or use the API Services, the Customer and its API Client(s) (i) shall at all times fulfill the Terms and conditions; and (ii) shall only access (or attempt to access) the API Services to develop and operate its API Client(s) as provided by the Terms and Conditions and the documents on the specific API Services the Customer accesses or uses. Freepik may suspend or cancel access to or the use of any of the 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 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 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.
Notwithstanding any other limitations set forth herein, the Customer and its API Client(s) shall
- use the API Services in good faith and solely for the purposes allowed under this Terms and Conditions, avoiding any fraudulent purpose or negligent use thereof;
- ensure that the caching, storing, or otherwise hosting any Freepik Content will be limited to strict technical reasons. The Customer is obliged to call the download endpoint every time a resource is used by an End User, even if the resource is cached, stored or hosted, so that Freepik can trace the legitimate use of the API. The API Client is responsible for implementing appropriate measures to ensure that no automatic or unintentional caching of the Freepik Content takes place.
- adhere to all other usage Guidelines, technical specifications, or documentation provided or made available by Freepik in relation to the API Service
- fulfill all the laws, standards and regulations which apply and not infringe third-party rights;
- not access or use the 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
- set forth terms and conditions and privacy policies for End 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 API Services or their security. It is forbidden to access or use the 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.
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 End 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 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 End 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 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 API Services solely to use Freepik’s trademarks indicated by Freepik from time to time to promote the API Client’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 Freepik’s trademarks 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.
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 API Services which suggests Freepik's association, sponsorship or endorsement without Freepik's prior written authorization thereof.
9. Modification of the 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 API Services (including any specifications, protocols or access methods to any part of the API Services) as they apply to any specific 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 API Services, it shall announce it on the Developer Website and endeavor, at its reasonable discretion, to continue maintaining the software source code of the API Service versions thus affected during one (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 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 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 Customer’s servers, logs, billing systems, to audit the fair use of the Service, as well as require any information regarding the usage of the API Client (API data, API calls, downloads, etc.). 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 API Services.
12. Term, Termination and Suspension
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, API Service will automatically renew for additional and equal Term. If either party does not want the 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 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 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 API Services and make any announcement regarding its API Client(s) (as appropriate).
13. No Implied Licenses
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 API Services (including API Data), Freepik's distinctive signs, the 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.
13.2. 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, place or make Freepik Content available in any way other than by using the 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 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.
Any communications Freepik sends the Customer and the 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 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 proprietary 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 API Services at its sole risk and liability. The 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 API Services or Freepik services related to this Terms and conditions is excluded. More specifically, Freepik does not warrant that:
- the API Services will meet the Customer needs, those of its API Client(s) or those of it/their End User;
- the API Services will run without stoppages, downtimes or in a timely, secure or error-free way;
- the API Services will be accurate, reliable, complete, continue to exist, be of satisfactory quality, not infringe third-party rights or be otherwise valid; or
- defects in the running and functionality of any aspect of the 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 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 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 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.
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 API Services without assuming any obligation or warranty of any kind whatsoever.
18.1 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 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:
- Stoppages, downtimes, viruses, faults, interferences, omissions, electronic system or communications system disconnections or disconnections in its equipment for reasons beyond Freepik's control.
- Delays or blockages in the use of the API or the API Services due to deficiencies or overloading on the Internet, lines or electricity or communications systems.
- Actions by third parties.
- Inability to access the API or the API Services due to maintenance or updating work.
- Any other circumstance beyond Freepik's control.
18.2 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.
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:
- access to or any use of the API Services by the Customer, anybody else acting on its behalf, its API Client(s) or any of its End Users;
- 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 End 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 End Users; or
- 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 End Users, and not by Freepik.
19. General Provisions
19.1 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.
19.2 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).
19.3 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.
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.
19.5 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.
19.6 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.
Should there be any discrepancy between these Terms and conditions and the other documents which comprise the Terms and conditions on the 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.
19.8 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.