| 119 | 147 | 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. |
| 120 | 148 | |
| 121 | 149 | 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. |
| 122 | 150 | |
| 123 | 151 | In accordance with Section 4.3 above regarding the Collaborator Contents in which the Company acts as intermediary, 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. |
| 124 | 152 | |
| 125 | | Notwithstanding the provisions of these Terms and provided that the User has not breached these Terms or any other agreement entered into with the Company, the Company will defend, indemnify and hold the User harmless, within the limits of liability provided for in these Terms, arising from a legitimate claim by a third party stating that the use of Freepik Content, in accordance with these Terms, infringes the rights of that third party. Such indemnification is limited exclusively to the direct damages suffered by the User arising from such claim, which are directly attributable to the use of Freepik Content, together with reasonable associated costs (including reasonable attorneys' fees). For clarification purposes, this shall not be applicable to any content generated using the Company's AI Products, which are governed by their respective terms and conditions. |
| 153 | Notwithstanding the provisions of these Terms and provided that the User has not breached these Terms or any other agreement entered into with the Company, the Company will defend, indemnify and hold the User harmless, within the limits of liability provided for in these Terms, arising from a legitimate claim by a third party stating that the use of Magnific Content, in accordance with these Terms, infringes the rights of that third party. Such indemnification is limited exclusively to the direct damages suffered by the User arising from such claim, which are directly attributable to the use of Magnific Content, together with reasonable associated costs (including reasonable attorneys' fees). For clarification purposes, this shall not be applicable to any content generated using the Company's AI Products, which are governed by their respective terms and conditions. |
| 126 | 154 | |
| 127 | 155 | The liability set forth in this paragraph is conditional upon the following requirements being met: |
| 128 | 156 | |
| 129 | 157 | 1. the User notifies the Company in writing of any claim or threatened claim, immediately and no later than twenty-one (21) business days from the date on which the User obtains knowledge or should have obtained knowledge of such claim or threatened claim; |
| 130 | | 2. such notice includes all details of the claim known to the User at that time (e.g., User's account details, date of download of the Freepik Content, use made of the Freepik Content in question, identification and contact information of the person or entity making the claim, copies of any correspondence received or sent in connection with the claim), as well as any other information that the Company deems appropriate that enable the validity and truthfulness of the claim to be verified; |
| 158 | 2. such notice includes all details of the claim known to the User at that time (e.g., User's account details, date of download of the Magnific Content, use made of the Magnific Content in question, identification and contact information of the person or entity making the claim, copies of any correspondence received or sent in connection with the claim), as well as any other information that the Company deems appropriate that enable the validity and truthfulness of the claim to be verified; |
| 131 | 159 | 3. the User refrain from making admissions about the infringement claim without the Company's prior written consent and the Company shall have the right (but not the obligation) to undertake, at any time, the handling, negotiation or conciliation or exclusive defence of the claim; or litigation to which this indemnity applies; and |
| 132 | 160 | 4. the User cooperates with the Company in the defence of the claim. |
| 133 | 161 | |
| 134 | 162 | The User agrees that the Company is not liable for any legal fees or other costs or expenses or damages incurred or borne by or on behalf of the User before the Company has a reasonable opportunity to examine the validity of the alleged claim. |
| 135 | 163 | |
| 136 | | This indemnity shall not apply to the extent that the damage, expense or loss arises or results from the breach of these Terms by the User, modifications made by the User to the Freepik Content, any combination of the Freepik Content with any other materials and/or information, or the context in which the User has used the Freepik Content. This indemnity shall also not apply in the event of continued use by the User of the Freepik Content after notice by the Company, or knowledge by the User, that the Freepik Content is subject to a claim of infringement of a third party's rights or any other restriction. |
| 164 | This indemnity shall not apply to the extent that the damage, expense or loss arises or results from the breach of these Terms by the User, modifications made by the User to the Magnific Content, any combination of the Magnific Content with any other materials and/or information, or the context in which the User has used the Magnific Content. This indemnity shall also not apply in the event of continued use by the User of the Magnific Content after notice by the Company, or knowledge by the User, that the Magnific Content is subject to a claim of infringement of a third party's rights or any other restriction. |
| 137 | 165 | |
| 166 | For the avoidance of doubt, this indemnification shall not apply to Magnific Originals Content, which is not licensed for download or use by the User and is made available for on-platform viewing only, as set forth in Sections 4.5 and 8.4. |
| 167 | |
| 138 | 168 | ##### 6.3. Limitation of the Company's liability |
| 139 | 169 | |
| 140 | | The Company's total liability arising from these Terms, including the aspects provided for in Section 6.2 above, shall be limited to the following amounts, depending on the User's status. The status of the User is defined by the level of Subscription in place at the time of first downloading the Freepik Content which is subject to the claim: |
| 170 | The Company's total liability arising from these Terms, including the aspects provided for in Section 6.2 above, shall be limited to the following amounts, depending on the User's status. The status of the User is defined by the level of Subscription in place at the time of first downloading the Magnific Content which is subject to the claim: |
| 141 | 171 | |
| 142 | 172 | 1. For those Users who have not purchased any Subscription or those Users who have purchased the Essential Subscription in accordance with Section 9: up to ONE HUNDRED EUROS (100.00.-€). |
| 143 | 173 | 2. For those Users who have purchased the Premium Subscription in accordance with Section 9: up to TEN THOUSAND EUROS (€10,000.00). |
| 144 | 174 | 3. For those Users who have purchased the Premium+ Subscription or the Pro Subscription in accordance with Section 9: up to FIFTY THOUSAND EUROS (€50,000.00). |
| 145 | 175 | |
| 146 | 176 | Without prejudice to the foregoing, in the event that, on the date on which the User is first notified of a claim (or threatened claim) by the third-party (the "Claim Effective Date"), the User has a higher level of Subscription in place, then the level of cover will correspond to the higher Subscription level. The Claim Effective Date is the date the third party makes a first verbal or written representation of the claim to the User irrespective of when the User receives it. |
| 147 | 177 | |
| 148 | 178 | For clarification purposes, these limits of liability shall apply to the maximum extent permitted by applicable law. |
| 149 | 179 | |
| 150 | 180 | #### 7\. Intellectual Property |
| 151 | 181 | |
| 152 | | 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. |
| 182 | All intellectual property rights over the Website, the Services, and/or the Magnific 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. |
| 153 | 183 | |
| 154 | | 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. |
| 184 | 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 Magnific Content or any of its parts, is strictly forbidden. |
| 155 | 185 | |
| 156 | 186 | 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. |
| 157 | 187 | |
| 158 | 188 | 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. |
| 159 | 189 | |
| 160 | | #### 8\. License Agreement for Freepik Content |
| 190 | #### 8\. License Agreement for Magnific Content |
| 161 | 191 | |
| 162 | 192 | ##### 8.1. General |
| 163 | 193 | |
| 164 | | 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. |
| 194 | The Company authorizes the User to download and use the Magnific 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 Magnific Content not expressly granted in this license to the User. |
| 165 | 195 | |
| 166 | | 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. |
| 196 | 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 Magnific Content, in a device the User owns or controls and only for the purposes and uses allowed in these Terms. |
| 167 | 197 | |
| 168 | | 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: |
| 198 | The User may use the Magnific Content (including any derivative work), either using the Magnific Contents in its entirety or using only some or some of its elements, either using the Magnific Contents without modification, combining them with other contents or having previously modified them, being the license granted with respect to the Magnific content, provided that it: |
| 169 | 199 | |
| 170 | 200 | 1. Does not involve collective use; |
| 171 | | 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; |
| 172 | | 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; |
| 173 | | 4. Does not resell, assign, transfer or sublicense the Freepik Content or any derived work from the Freepik Content; |
| 174 | | 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 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), unless otherwise authorized under the User's applicable subscription terms; |
| 175 | | 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; |
| 176 | | 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. |
| 177 | | 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; |
| 178 | | 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. |
| 201 | 2. The Magnific Content is not used in a manner that suggests an association or endorsement of any kind by the Company or the Website; |
| 202 | 3. The Magnific 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; |
| 203 | 4. Does not resell, assign, transfer or sublicense the Magnific Content or any derived work from the Magnific Content; |
| 204 | 5. Does not use the Magnific 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 Magnific 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), unless otherwise authorized under the User's applicable subscription terms; |
| 205 | 6. Does not use the Magnific 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 Magnific 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 Magnific Content or implies a use of the Magnific Content as a template or test, and not as a final item or material; |
| 206 | 7. Does not use the Magnific Content (including any caption information, title, keywords or other metadata associated with the Magnific Content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons. |
| 207 | 8. Does not make any use of the Magnific 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 Magnific 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; |
| 208 | 9. Does not make any use of the Magnific 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. |
| 179 | 209 | |
| 180 | | 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. |
| 210 | When any Magnific 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 Magnific Content, which according to this paragraph should be for editorial use only. |
| 181 | 211 | |
| 182 | | The User acknowledges that some laws may impose limits on the use of Freepik Content. For this reason, the User agrees that it is the User's responsibility, and not the Company's, to verify that the applicable regulations in the User's jurisdiction do not prohibit the User's use of the Freepik Content. |
| 212 | The User acknowledges that some laws may impose limits on the use of Magnific Content. For this reason, the User agrees that it is the User's responsibility, and not the Company's, to verify that the applicable regulations in the User's jurisdiction do not prohibit the User's use of the Magnific Content. |
| 183 | 213 | |
| 184 | | Unless otherwise indicated, authorization to use Freepik Content is free of charge and conditioned upon any use by the User being duly attributed to the Website/Company and, where applicable, to the Collaborator, as indicated by the Company at any given time. To benefit from the Service of using Freepik Content without the aforementioned attribution, the User must purchase a Premium, Premium+ or Pro Subscription on the Website and download the corresponding Freepik Content during the validity of that Subscription. The conditions established in Clause 9 of these Terms apply to the acquisition of different Subscriptions. |
| 214 | Unless otherwise indicated, authorization to use Magnific Content is free of charge and conditioned upon any use by the User being duly attributed to the Website/Company and, where applicable, to the Collaborator, as indicated by the Company at any given time. To benefit from the Service of using Magnific Content without the aforementioned attribution, the User must purchase a Premium, Premium+ or Pro Subscription on the Website and download the corresponding Magnific Content during the validity of that Subscription. The conditions established in Clause 9 of these Terms apply to the acquisition of different Subscriptions. |
| 185 | 215 | |
| 186 | | 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 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: |
| 216 | As a general rule, it is forbidden for a User to authorize any third parties to use the Magnific Content (or any modification of any Magnific Content). As an exception to the prohibition, the User may allow third parties to use the Magnific Content, when each and every of the following conditions are met: |
| 187 | 217 | |
| 188 | | 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; |
| 189 | | 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 Freepik Content (i.e. the third party is the final user of the relevant Freepik Content); |
| 190 | | 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; |
| 218 | 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 Magnific Content to produce such goods or provide such services to the instructing third party; |
| 219 | 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 Magnific Content and includes, without limitation, a restriction for the third party to distribute, resell or license the relevant Magnific Content (i.e. the third party is the final user of the relevant Magnific Content); |
| 220 | 3. None of the contents in the Magnific 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; |
| 191 | 221 | 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 |
| 192 | | 5. The User -and not the third party- chooses the specific items within the Freepik Content to be used in the production of goods or provision of services for the third party. |
| 222 | 5. The User -and not the third party- chooses the specific items within the Magnific Content to be used in the production of goods or provision of services for the third party. |
| 193 | 223 | |
| 194 | | When all of the above conditions are met, the User shall be entitled to authorize a third party to use the relevant Freepik Content. This exception refers only to the prohibition for the User to authorize third parties to use 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 Freepik Content are met shall be interpreted restrictively so that, in case of doubt, it shall be deemed that the conditions are not met. |
| 224 | When all of the above conditions are met, the User shall be entitled to authorize a third party to use the relevant Magnific Content. This exception refers only to the prohibition for the User to authorize third parties to use the Magnific Content without affecting or limiting in any way the remaining conditions of the User's right to use the Magnific Content. Whether the above conditions regarding the exception to the prohibition for Users to authorize third parties to use the Magnific Content are met shall be interpreted restrictively so that, in case of doubt, it shall be deemed that the conditions are not met. |
| 195 | 225 | |
| 196 | | The User does not acquire any right as a result of the use of the Freepik Content. In particular, the User is not authorized to distribute, resell or rent any Freepik Content (or any modification of any Freepik Content). |
| 226 | The User does not acquire any right as a result of the use of the Magnific Content. In particular, the User is not authorized to distribute, resell or rent any Magnific Content (or any modification of any Magnific Content). |
| 197 | 227 | |
| 198 | 228 | The Company may, at any time, offer any content on the Website under a different license from the one included in this Section (the "Specific License"). The Company will inform on the Website which content is licensed under an Specific License. The Specific License will be made available to the User and will include, without limitation, a description of the license itself, as well as the permitted and prohibited uses in relation to the content. In the event that a particular content is offered under a Specific License, the Specific License shall apply over the general license described in this Section. Notwithstanding the foregoing, all other obligations contained in these Terms shall continue to be binding on the User, unless they conflict with the Specific License, in which case the Specific License shall prevail. |
| 199 | 229 | |
| 200 | | 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 the Freepik Content and will destroy every copy, whether total or partial, thereof. |
| 230 | 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 the Magnific Content and will destroy every copy, whether total or partial, thereof. |
| 201 | 231 | |
| 202 | 232 | ##### 8.2 Specific license conditions for Licensed Fonts |
| 203 | 233 | |
| 204 | 234 | 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. |
| 205 | 235 | |
| 206 | 236 | 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. |
| 375 | 421 | |
| 376 | 422 | It is the User's responsibility to ensure, before using the Services, that the features of the Services meet the User's needs. |
| 377 | 423 | |
| 378 | 424 | You undertake not to engage in any of the following prohibited activities in the use you make of the Service: |
| 379 | 425 | |
| 380 | 426 | 1. Copy, distribute or disclose any part of the Service by any means, including, without limitation, automated or non-automated "scraping"; |
| 381 | | 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 Editors servers than a person can reasonably and ordinarily produce in the same period of time using a conventional web browser; |
| 427 | 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 Magnific Editors servers than a person can reasonably and ordinarily produce in the same period of time using a conventional web browser; |
| 382 | 428 | 3. Transmit spam, chain letters or other unsolicited e-mails; |
| 383 | 429 | 4. Attempt to interfere with, compromise the integrity or security of, or decrypt any transmission to or from the servers running the Service; |
| 384 | 430 | 5. Take any action that imposes or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; |
| 385 | 431 | 6. Upload invalid data, viruses, worms or other software through the Service; |
| 386 | 432 | 7. Collect or harvest any personally identifiable information, including account names, from the Service; |
| 387 | 433 | 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; |
| 388 | 434 | 9. Interfere with the proper working of the Service; |
| 389 | 435 | 10. Access the Service through any technology or means other than those provided or authorized by the Service; |
| 390 | 436 | 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; |
| 391 | | 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; |
| 392 | | 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; |
| 393 | | 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; |
| 394 | | 15. Adopt or use, without our prior written consent, any words or marks that are similar to or confusingly similar to Freepik's trademarks; |
| 437 | 12. Use any Magnific Content, including any Magnific trademark, or any other content offered on the Service, in any manner that may tarnish, disparage or reflect negatively on such content; |
| 438 | 13. Use the Service or any Magnific Content, or any other content offered on the Service, to support, incite or promote illegal behavior, discrimination, hostility or violence; |
| 439 | 14. Use any Magnific 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; |
| 440 | 15. Adopt or use, without our prior written consent, any words or marks that are similar to or confusingly similar to Magnific's trademarks; |
| 395 | 441 | 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; |
| 396 | 442 | 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 |
| 397 | 443 | 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. |
| 398 | 444 | |
| 399 | | 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. |
| 445 | If your User Content or Magnific 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 Magnific Editor Design that you have uploaded. |
| 400 | 446 | |
| 401 | | 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. |
| 447 | 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 Magnific 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. |
| 402 | 448 | |
| 403 | 449 | #### 4\. Use of Content on the Service |
| 404 | 450 | |
| 405 | 451 | ##### 4.1. General |
| 406 | 452 | |
| 407 | | 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"). |
| 453 | The Service provides certain functionality that allows you to create visual designs ("Magnific Editor Designs"). Magnific Editor Designs may be downloaded/exported from the Service in a number of formats, including without limitation PDF, JPEG or PNG ("Export"). |
| 408 | 454 | |
| 409 | | 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. |
| 455 | You may create Magnific Editor Designs using only your own User Content, or you may choose to incorporate Magnific Content, Third Party Content or AI-generated Content into your Magnific Editor Design. You may Export a Magnific Editor Design consisting solely of your own User Content (as defined in section 5). However, you may only Export a Magnific Editor Design composed in whole or in part of any Magnific Content, Third Party Content or AI Generated Content in accordance with the licensing terms contained in this Section. |
| 410 | 456 | |
| 411 | | ##### 4.2. Licensing of Freepik Content |
| 457 | ##### 4.2. Licensing of Magnific Content |
| 412 | 458 | |
| 413 | | To Export any Freepik Content included in a Freepik Editor Designed from the Service, you must license the Freepik Content under one of the licenses provided in the [Freepik Terms and Conditions](https://www.freepik.com/legal/terms-of-use). |
| 459 | To Export any Magnific Content included in a Magnific Editor Designed from the Service, you must license the Magnific Content under one of the licenses provided in the [Magnific Terms and Conditions](https://www.magnific.com/legal/terms-of-use). |
| 414 | 460 | |
| 415 | 461 | ##### 4.3. Third Party Content |
| 416 | 462 | |
| 417 | 463 | 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. |
| 418 | 464 | |
| 419 | 465 | ##### 4.4. AI Generated Content |
| 420 | 466 | |
| 421 | | 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](https://www.freepik.com/legal/terms-of-use), which are incorporated into these Terms and Conditions by reference. |
| 467 | The Service may provide certain functionality that allows you to create, modify or enhance Magnific 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](https://www.magnific.com/legal/terms-of-use), which are incorporated into these Terms and Conditions by reference. |
| 422 | 468 | |
| 423 | 469 | #### 5\. User Content |
| 424 | 470 | |
| 425 | 471 | ##### 5.1. General |
| 426 | 472 | |
| 427 | 473 | 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. |
| 428 | 474 | |
| 429 | 475 | ##### 5.2. Uploading and using User Content within the Services |
| 430 | 476 | |
| 431 | | 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: |
| 477 | 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 Magnific Editor Design that includes User Content (for the following purposes, a Magnific 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: |
| 432 | 478 | |
| 433 | | 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, which include the [Acceptable Use Policy](https://www.freepik.com/legal/acceptable-use-policy/). |
| 479 | 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, which include the [Acceptable Use Policy](https://www.magnific.com/legal/acceptable-use-policy/). |
| 434 | 480 | 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 practices established by the Company from time to time, specifically in relation to respect for property, rights and general or third-party interests. |
| 435 | 481 | 3. 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. |
| 436 | 482 | |
| 437 | 483 | 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. |
| 438 | 484 | |
| 439 | 485 | 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. |
| 440 | 486 | |
| 441 | 487 | In connection with your User Content, you affirm, represent and guarantee the following: |
| 442 | 488 | |
| 443 | | 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. |
| 489 | 1. Your User Content and Magnific'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. |
| 444 | 490 | 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. |
| 445 | 491 | 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. |
| 446 | 492 | 4. Your User Content is not obscene, defamatory or otherwise objectionable. |
| 447 | 493 | |
| 448 | 494 | 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. |
| 449 | 495 | |
| 450 | 496 | 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. |
| 451 | 497 | |
| 452 | 498 | 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. |
| 453 | 499 | |
| 454 | | 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. |
| 500 | In the event that your User Content or Magnific 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. |
| 455 | 501 | |
| 456 | | #### 6\. Granting of the Freepik Editor Design License |
| 502 | #### 6\. Granting of the Magnific Editor Design License |
| 457 | 503 | |
| 458 | | 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. |
| 504 | By publishing any design or content containing a Magnific 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 Magnific 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. |
| 459 | 505 | |
| 460 | 506 | #### 7\. Our Proprietary Rights |
| 461 | 507 | |
| 462 | | 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. |
| 508 | 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 Magnific Content, and all Intellectual Property Rights related thereto, are the exclusive property of the Company and its licensors. |
| 463 | 509 | |
| 464 | 510 | 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. |
| 465 | 511 | |
| 466 | | 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. |
| 512 | 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 Magnific Content. Use of Magnific Content for any purpose not expressly permitted by these Terms and Conditions is strictly prohibited. |
| 467 | 513 | |
| 468 | | 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](mailto:copyright@freepik.com). |
| 514 | 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@magnific.com](mailto:copyright@magnific.com). |
| 469 | 515 | |
| 470 | 516 | #### 8\. Third Party Links and Applications |
| 471 | 517 | |
| 472 | 518 | 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. |
| 473 | 519 | |
| 474 | | 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. |
| 520 | 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 Magnific'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. |
| 475 | 521 | |
| 476 | 522 | #### 9\. Indemnity |
| 477 | 523 | |
| 478 | | 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. |
| 524 | 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, Magnific 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. |
| 479 | 525 | |
| 480 | 526 | #### 10\. No Warranty |
| 481 | 527 | |
| 482 | 528 | 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. |
| 483 | 529 | |
| 484 | 530 | 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. |
| 485 | 531 | |
| 486 | | 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. |
| 532 | 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, Magnific 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. |
| 487 | 533 | |
| 488 | 534 | 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. |
| 489 | 535 | |
| 490 | 536 | #### 11\. Limitation of Liability |
| 491 | 537 | |
| 492 | | 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. |
| 538 | 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, Magnific 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. |
| 493 | 539 | |
| 494 | | 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. |
| 540 | 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 Magnific Editor Design. |
| 495 | 541 | |
| 496 | | 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. |
| 542 | 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, Magnific Content or other content, any addition or combination of User Content or Magnific Content with other content, or the context in which User Content, Magnific Content or other content is used by you. |
| 497 | 543 | |
| 498 | 544 | 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. |
| 499 | 545 | |
| 500 | 546 | #### 12\. Changes to and Termination of the Website |
| 501 | 547 | |
| 502 | 548 | 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. |
| 503 | 549 | |
| 504 | 550 | ## API Services Terms and Conditions |
| 505 | 551 | |
| 506 | | #### November 2025 |
| 552 | #### April 2026 |
| 507 | 553 | |
| 508 | | 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. |
| 554 | These Terms and Conditions of the Magnific 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. |
| 509 | 555 | |
| 510 | | 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). |
| 556 | 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 **"Magnific"** 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 Magnific, you agree to be bound by the Terms and conditions (as this term is defined hereunder). |
| 511 | 557 | |
| 512 | | By accessing and using the API Services, the Customer accepts in their entirety and agrees to be bound by the Company's [Acceptable Use Policy](https://www.freepik.com/legal/acceptable-use-policy/), which is made an integral part of these Terms by this reference. |
| 558 | By accessing and using the API Services, the Customer accepts in their entirety and agrees to be bound by the Company's [Acceptable Use Policy](https://www.magnific.com/legal/acceptable-use-policy/), which is made an integral part of these Terms by this reference. |
| 513 | 559 | |
| 514 | | 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. |
| 560 | Magnific 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. |
| 515 | 561 | |
| 516 | | Freepik may provide translations of these Terms and Conditions into various languages merely for informative purposes. However, the English version is the only legally binding version. In the event of any discrepancy between the English version and a translated version, the English version shall prevail. |
| 562 | Magnific may provide translations of these Terms and Conditions into various languages merely for informative purposes. However, the English version is the only legally binding version. In the event of any discrepancy between the English version and a translated version, the English version shall prevail. |
| 517 | 563 | |
| 518 | | 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. |
| 564 | Access to and use of the API Services may be subject to any specific conditions or instructions Magnific 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. |
| 519 | 565 | |
| 520 | | Freepik and Customer are individually referred to as "Party" and collectively as "Parties". |
| 566 | Magnific and Customer are individually referred to as "Party" and collectively as "Parties". |
| 521 | 567 | |
| 522 | 568 | #### 1\. Definitions |
| 523 | 569 | |
| 524 | 570 | With regard to these Terms and Conditions, the terms hereunder shall be construed to mean as follows: |
| 525 | 571 | |
| 526 | | 1. **Ad Hoc License refers to a specific written authorization granted by Freepik for uses of the API Services that would otherwise be considered competitive, benchmarking or replicative under Clause 5.1. of these Terms and Conditions.** |
| 527 | | **Ai Generated Content** refers to content generated using AI-powered products and tools offered through the API Services according to its [AI Products Terms and Conditions](https://www.freepik.com/legal/terms-of-use).4. **AI Products** refers to the AI-powered products and tools offered by Freepik Company, including, but not limited to, Text to Image, AI Presentation Maker, Wepik AI Image Generator and Freepik AI Image Generator. |
| 572 | 1. **Ad Hoc License refers to a specific written authorization granted by Magnific for uses of the API Services that would otherwise be considered competitive, benchmarking or replicative under Clause 5.1. of these Terms and Conditions.** |
| 573 | **Ai Generated Content** refers to content generated using AI-powered products and tools offered through the API Services according to its [AI Products Terms and Conditions](https://www.magnific.com/legal/terms-of-use).4. **AI Products** refers to the AI-powered products and tools offered by Magnific Company, including, but not limited to, Text to Image, AI Presentation Maker, Wepik AI Image Generator and Magnific AI Image Generator. |
| 528 | 574 | 5. **API Client** refers to a website or software application (including mobile phone applications) developed by the Customer that accesses or uses the API Services. |
| 529 | | 6. **Developer Policies** refers to the policies on the API Services that are currently available at [https://docs.freepik.com/](https://docs.freepik.com/) and [https://api.flaticon.com/](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 API Services. |
| 530 | | 7. **API Services** refers to (i) access to and use of the API 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). |
| 531 | | 8. **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. |
| 532 | | 9. **Freepik Content** refers to the content offered through the API Services which is owned by Freepik or its licensors |
| 533 | | 10. **Developer Website** refers to Freepik and Flaticon's developer website, including the web pages currently available at [https://www.freepik.com/api](https://www.freepik.com/api), [https://docs.freepik.com/](https://docs.freepik.com/) and [https://api.flaticon.com/](https://api.flaticon.com/). |
| 534 | | 11. **End User** refers to persons who access and interact with the Freepik Content, AI Generated Content, the AI Products or the Magnific API 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. |
| 575 | 6. **Developer Policies** refers to the policies on the API Services that are currently available at [https://docs.magnific.com/](https://docs.magnific.com/) and [https://api.flaticon.com/](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 API Services. |
| 576 | 7. **API Services** refers to (i) access to and use of the API made available by Magnific 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 Magnific; (iii) any data, contents and information provided to API Clients (as this term is defined hereunder) (hereinafter API Data); and (iv) the credentials which Magnific has assigned to the Customer and its API Client(s). |
| 577 | 8. **Magnific's Confidential Information** refers to any information belonging to Magnific 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. |
| 578 | 9. **Magnific Content** refers to the content offered through the API Services which is owned by Magnific or its licensors |
| 579 | 10. **Developer Website** refers to Magnific and Flaticon's developer website, including the web pages currently available at [https://www.magnific.com/api](https://www.magnific.com/api), [https://docs.magnific.com/](https://docs.magnific.com/) and [https://api.flaticon.com/](https://api.flaticon.com/v3/docs/index.html). |
| 580 | 11. **End User** refers to persons who access and interact with the Magnific Content, AI Generated Content, the AI Products or the Magnific API 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. |
| 535 | 581 | 12. **Guidelines** refers to the guidelines and other documents posted on the Developer Website. |
| 536 | 582 | 13. **Magnific API** refers to the suite of image enhancement and transformation services offered through https://magnific.ai/, including upscaling, relighting, style transfer, and detailed image enhancements |
| 537 | 583 | 14. **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. |
| 538 | 584 | |
| 539 | 585 | #### 2\. The Terms and conditions |
| 540 | 586 | |
| 541 | 587 | ##### 2.1 Object |
| 542 | 588 | |
| 543 | 589 | This Terms and conditions sets forth the conditions to access to and use of the API Services by the Customer. |
| 544 | 590 | |
| 545 | | The API consists of a set of tools, protocols, and documents designed to facilitate the integration of Freepik Content, the AI Generated Content, the AI Products and the Magnific API 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. |
| 591 | The API consists of a set of tools, protocols, and documents designed to facilitate the integration of Magnific Content, the AI Generated Content, the AI Products and the Magnific API 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. |
| 546 | 592 | |
| 547 | | 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, the AI Generated Content, the AI Products and the Magnific API at the disposal of the API Client. |
| 593 | Subject to the Terms and conditions, Magnific 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 Magnific Content, the AI Generated Content, the AI Products and the Magnific API at the disposal of the API Client. |
| 548 | 594 | |
| 549 | | 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](https://www.freepik.com/legal/terms-of-use) and [Flaticon Terms and Conditions](https://www.flaticon.com/legal). |
| 595 | 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 Magnific Content, in a device the End User owns or controls and only for the purposes and uses allowed in the [Magnific Terms and Conditions](https://www.magnific.com/legal/terms-of-use) and [Flaticon Terms and Conditions](https://www.flaticon.com/legal). |
| 550 | 596 | |
| 551 | 597 | When accessing the Magnific API as part of the API Services, you are required to comply with the [Terms of Service of Magnific](https://magnific.ai/legal/). |
| 552 | 598 | |
| 553 | | Freepik reserves all rights which are not expressly granted through this license. |
| 599 | Magnific reserves all rights which are not expressly granted through this license. |
| 554 | 600 | |
| 555 | | 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 should never request that End Users register and provide their own API Keys in order to use the API Client. 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. |
| 601 | 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 Magnific. The Customer shall not sell, transfer, dispose of, sublicense or divulge its API keys. The Customer should never request that End Users register and provide their own API Keys in order to use the API Client. The Customer shall not use the API on any platform, website or application other than the API Client disclosed to Magnific 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. Magnific 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. |
| 556 | 602 | |
| 557 | | 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. |
| 603 | Magnific does not warrant that any individual element of the Magnific Content will be available and shall have full discretion to determine which Magnific Content will be available to API Clients through the API Services. |
| 558 | 604 | |
| 559 | | 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. |
| 605 | Magnific 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. |
| 560 | 606 | |
| 561 | | 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. |
| 607 | 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 Magnific's rights and those of its licensors. |
| 562 | 608 | |
| 563 | 609 | ##### 2.2 Sections of the Terms and Conditions |
| 564 | 610 | |
| 565 | 611 | The Terms and Conditions is comprised of: |
| 566 | 612 | |
| 567 | 613 | 1. the Terms and Conditions; |
| 568 | 614 | 2. the Developer Policies; |
| 569 | | 3. the [Freepik Privacy Policy](https://www.freepik.com/legal/privacy); |
| 570 | | 4. the [Magnific Privacy Policy](https://magnific.ai/legal/); |
| 571 | | 5. the [Freepik Terms and Conditions](https://www.freepik.com/legal/terms-of-use); |
| 572 | | 6. the [Flaticon Terms and Conditions](https://www.flaticon.com/legal); |
| 573 | | 7. the [Terms of Service of Magnific](https://magnific.ai/legal/); |
| 574 | | 8. the [AI Products Terms and Conditions, which also govern the access and use of AI models integrated within the API Services;](https://www.freepik.com/legal/terms-of-use) ; and |
| 575 | | 9. the [Acceptable Use Policy](https://www.freepik.com/legal//acceptable-use-policy/). |
| 615 | 3. the [Magnific Privacy Policy](https://www.magnific.com/legal/privacy); |
| 616 | 4. the [Magnific Terms and Conditions](https://www.magnific.com/legal/terms-of-use); |
| 617 | 5. the [Flaticon Terms and Conditions](https://www.flaticon.com/legal); |
| 618 | 6. the [Terms of Service of Magnific.ai](https://magnific.ai/legal/); |
| 619 | 7. the [AI Products Terms and Conditions; which also govern the access and use of AI models integrated within the API Services](https://www.magnific.com/legal/terms-of-use) ; and |
| 620 | 8. the [Acceptable Use Policy](https://www.magnific.com/legal//acceptable-use-policy/). |
| 576 | 621 | |
| 577 | 622 | ##### 2.3 Amendment of the Terms and conditions |
| 578 | 623 | |
| 579 | | Freepik may amend the Terms and Conditions or any change 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. |
| 624 | Magnific may amend the Terms and Conditions or any change of the documents which comprise the Terms and Conditions. Magnific 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. |
| 580 | 625 | |
| 581 | 626 | #### 3\. Access to and Permitted Use of the API Services |
| 582 | 627 | |
| 583 | | 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. |
| 628 | 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. Magnific 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 Magnific due to any breach of the Terms and Conditions committed by the Customer or by anybody else acting on the Customer's behalf. |
| 584 | 629 | |
| 585 | | 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. |
| 630 | 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 Magnific or third parties. |
| 586 | 631 | |
| 587 | 632 | 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. |
| 588 | 633 | |
| 589 | 634 | #### 4\. Registration |
| 590 | 635 | |
| 591 | 636 | The Customer must register and create an account to access and use the 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 API Services. Our Privacy Policy sets forth how we process the Customer Personal Data and protect its privacy where the Customer provides Personal Data in relation to its access to and use of the API Services. |
| 592 | 637 | |
| 593 | 638 | #### 5\. Restrictions |
| 594 | 639 | |
| 595 | 640 | Notwithstanding any other limitations set forth herein, the Customer and its API Client(s) shall |
| 596 | 641 | |
| 597 | 642 | 1. 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; |
| 598 | | 2. 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. |
| 599 | | 3. adhere to all other usage Guidelines, technical specifications, or documentation provided or made available by Freepik in relation to the API Service |
| 643 | 2. ensure that the caching, storing, or otherwise hosting any Magnific 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 Magnific 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 Magnific Content takes place. |
| 644 | 3. adhere to all other usage Guidelines, technical specifications, or documentation provided or made available by Magnific in relation to the API Service |
| 600 | 645 | 4. fulfill all the laws, standards and regulations which apply and not infringe third-party rights; |
| 601 | 646 | 5. 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; |
| 602 | | 6. The API Services are provided solely to enhance the functionality of the API Client and must not be used to create any standalone service or application with features that directly replicate or compete with magnific.ai or freepik.com products. The API Client must maintain a substantially different purpose and functionality from them. For the sake of clarity, fair use would involve embedding the API within a broader application, such as a videogame, where the API Services support but do not define the primary functionality. However, creating an application such as an independent image upscaling service, would constitute a breach of these Terms and Conditions. In such cases, Freepik reserves the right to terminate the Agreement and revoke the license and access to the services at any time; and |
| 647 | 6. The API Services are provided solely to enhance the functionality of the API Client and must not be used to create any standalone service or application with features that directly replicate or compete with www.magnific.com products. The API Client must maintain a substantially different purpose and functionality from them. For the sake of clarity, fair use would involve embedding the API within a broader application, such as a videogame, where the API Services support but do not define the primary functionality. However, creating an application such as an independent image upscaling service, would constitute a breach of these Terms and Conditions. In such cases, Magnific reserves the right to terminate the Agreement and revoke the license and access to the services at any time; and |
| 603 | 648 | 7. set forth binding terms and conditions and privacy policies for End Users of its API Client(s) that are in accordance with this Terms and Conditions. |
| 604 | 649 | |
| 605 | | 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. |
| 650 | 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 Magnific' 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 Magnific from time to time or which unreasonably harm Magnific's interests. |
| 606 | 651 | |
| 607 | | Customer shall not use the 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), unless otherwise stated in an Order Form. |
| 652 | Customer shall not use the API Services to license, resell, distribute or package Magnific Content or for any other activity in a way that violates Magnific Terms of Use or might harm Magnific's business operations, including, without limitation, any print-on-demand services or any other service in which the Magnific 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 Magnific 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), unless otherwise stated in an Order Form. |
| 608 | 653 | |
| 609 | 654 | 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). |
| 610 | 655 | |
| 611 | 656 | #### 5.1. Competitive Use |
| 612 | 657 | |
| 613 | | The API Services are provided solely to enhance the functionality of the API Client and must not be used to create any standalone service or application with features that directly replicate or compete with the products of magnific.ai or freepik.com. The API Client must maintain a substantially different purpose and functionality from such products. For the sake of clarity, fair use would involve embedding the API Services within a broader application, such as a videogame, where the API Services support but do not define the primary functionality. However, creating a standalone application, such as an independent image-enhancement service, would constitute a breach of these Terms and Conditions. In such cases, Freepik reserves the right to terminate the Agreement and revoke the license and access to the Services at any time. |
| 658 | The API Services are provided solely to enhance the functionality of the API Client and must not be used to create any standalone service or application with features that directly replicate or compete with the products of www.magnific.com. The API Client must maintain a substantially different purpose and functionality from such products. For the sake of clarity, fair use would involve embedding the API Services within a broader application, such as a videogame, where the API Services support but do not define the primary functionality. However, creating a standalone application, such as an independent image-enhancement service, would constitute a breach of these Terms and Conditions. In such cases, Magnific reserves the right to terminate the Agreement and revoke the license and access to the Services at any time. |
| 614 | 659 | |
| 615 | | The Customer and its API Client(s) shall not use the API Services or any other magnific.ai or freepik.com AI Product integrated within the API Services to develop, train, or offer any product, model, or service that replicates, substitutes, or competes directly or indirectly with the products, models, or services provided by Freepik or any of its affiliates. Any such use for competitive, benchmarking, or replicative purposes shall require Freepik's prior written authorization in the form of a specific license ("Ad Hoc License"). Freepik reserves the right to grant or deny any Ad Hoc License at its sole discretion. |
| 660 | The Customer and its API Client(s) shall not use the API Services or any other www.magnific.com AI Product integrated within the API Services to develop, train, or offer any product, model, or service that replicates, substitutes, or competes directly or indirectly with the products, models, or services provided by Magnific or any of its affiliates. Any such use for competitive, benchmarking, or replicative purposes shall require Magnific's prior written authorization in the form of a specific license ("Ad Hoc License"). Magnific reserves the right to grant or deny any Ad Hoc License at its sole discretion. |
| 616 | 661 | |
| 617 | | Use of the API Services for the purposes described above without the required Ad Hoc License shall constitute a material breach of these Terms and Conditions and may result in the immediate suspension or termination of access to the API Services. In the event of any detected material breach, Freepik reserves the right to revoke the license and access to the Services at any time. |
| 662 | Use of the API Services for the purposes described above without the required Ad Hoc License shall constitute a material breach of these Terms and Conditions and may result in the immediate suspension or termination of access to the API Services. In the event of any detected material breach, Magnific reserves the right to revoke the license and access to the Services at any time. |
| 618 | 663 | |
| 619 | 664 | #### 6\. API Clients and Supervision |
| 620 | 665 | |
| 621 | | 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. |
| 666 | Magnific 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. |
| 622 | 667 | |
| 623 | 668 | #### 7\. Intellectual Property |
| 624 | 669 | |
| 625 | 670 | 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. |
| 626 | 671 | |
| 627 | | 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. |
| 672 | Nothing set forth in the Terms and Conditions grants or shall be construed to grant any right to use any Magnific intellectual property trademark except solely as expressly provided herein. |
| 628 | 673 | |
| 629 | | 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. |
| 674 | Subject to fulfillment of the Terms and conditions, Magnific 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 Magnific's trademarks indicated by Magnific from time to time to promote the API Client's use. Such use must always be done in a way which does not affect Magnific's reputation and prestige and in accordance with any instructions Magnific may issue from time to time. |
| 630 | 675 | |
| 631 | | 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. |
| 676 | The Customer shall not use Magnific's trademarks in any way which suggests that the Customer is certified by, guarantied by, sponsored by or associated in any way to Magnific or its different activities, except where express written authorization thereof is granted by Magnific. The Customer agrees that it shall not use Magnific 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 Magnific's distinctive signs. |
| 632 | 677 | |
| 633 | 678 | #### 7.1. Attribution obligations |
| 634 | 679 | |
| 635 | | When integrating or displaying functionalities derived from specific proprietary AI models provided by Freepik or any of its affiliates, the Customer and its API Client(s) shall include a visible and legible reference stating "Powered by Freepik" or "Powered by \[model name\]". The Customer shall not remove, alter, or obscure any copyright notice, trademark, logo, or proprietary legend included by Freepik in the API Services, outputs, documentation, or any user interface of the API Client(s). Freepik reserves the right to establish specific format, size, or placement requirements for the attribution notice, which shall be mandatory for the Customer. |
| 680 | When integrating or displaying functionalities derived from specific proprietary AI models provided by Magnific or any of its affiliates, the Customer and its API Client(s) shall include a visible and legible reference stating "Powered by Magnific" or "Powered by \[model name\]". The Customer shall not remove, alter, or obscure any copyright notice, trademark, logo, or proprietary legend included by Magnific in the API Services, outputs, documentation, or any user interface of the API Client(s). Magnific reserves the right to establish specific format, size, or placement requirements for the attribution notice, which shall be mandatory for the Customer. |
| 636 | 681 | |
| 637 | 682 | #### 8\. Publicity |
| 638 | 683 | |
| 639 | | 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. |
| 684 | Magnific 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 Magnific, 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 Magnific's association, sponsorship or endorsement without Magnific's prior written authorization thereof. |
| 640 | 685 | |
| 641 | 686 | #### 9\. Modification of the API Services |
| 642 | 687 | |
| 643 | 688 | ##### 9.1 Right to Make Modifications |
| 644 | 689 | |
| 645 | | 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. |
| 690 | Magnific is constantly innovating and, as part of its ongoing innovation efforts, Magnific 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. Magnific 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. |
| 646 | 691 | |
| 647 | 692 | ##### 9.2 Changes to Previous Incompatible Versions |
| 648 | 693 | |
| 649 | | 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. |
| 694 | Where Magnific 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. |
| 650 | 695 | |
| 651 | 696 | #### 10\. Plans, Billings and Payments |
| 652 | 697 | |
| 653 | 698 | The Customer shall be charged a fee (the "Fees") based on the agreed plan offered on the Developer Website for the API Service provided under these Terms and Conditions or, when applicable, described in the Order Form. |
| 654 | 699 | |
| 655 | 700 | The Company can modify the API Services offered at any time, offering with new API Services (to which, unless otherwise stated, these Terms and Conditions shall apply) or ceasing to offer any of the API Services. |
| 687 | 732 | ##### 12.2 Termination for Cause |
| 688 | 733 | |
| 689 | 734 | 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. |
| 690 | 735 | |
| 691 | 736 | ##### 12.3 Effects of Termination |
| 692 | 737 | |
| 693 | | 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 with 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). |
| 738 | After any suspension, interruption notice or termination (whether by the Customer or by Magnific), the Customer shall immediately cease to access and use any of Magnific's Property (as defined below) and delete all the API Services and Magnific's Confidential Information in its possession or under its control, including any housed in the Customer servers. Upon Magnific's request, the Customer shall certify the deletion of all the API Services and Magnific's Confidential Information that are in its possession or under its control in writing and with the signature of a duly authorized representative. Magnific may independently get in touch with any holder of accounts that are associated with 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). |
| 694 | 739 | |
| 695 | 740 | #### 13\. No Implied Licenses |
| 696 | 741 | |
| 697 | 742 | ##### 13.1 Ownership |
| 698 | 743 | |
| 699 | | 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. |
| 744 | Magnific 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), Magnific's distinctive signs, the Developer Website, the Terms and Conditions, Magnific'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 **Magnific's Property**). The Customer shall keep ownership of all the rights to the Customer API Client(s), apart from any of Magnific's Property. |
| 700 | 745 | |
| 701 | 746 | ##### 13.2. No Other rights |
| 702 | 747 | |
| 703 | | 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. |
| 748 | Except for the rights expressly granted under the Terms and Conditions, Magnific does not grant the Customer any other rights or licenses (whether express, implied, by operation of law or exhaustion, or otherwise) to Magnific's Property or to any of Magnific's intellectual or property rights. |
| 704 | 749 | |
| 705 | 750 | #### 14\. No Patent or Content Licenses or Rights |
| 706 | 751 | |
| 707 | | 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. |
| 752 | Without limiting the general nature of the foregoing, no patent rights or licenses held or controlled by Magnific are granted, nor are any rights or licenses granted to reproduce, place or make Magnific Content available in any way other than by using the API Services in accordance with the Terms and Conditions. Magnific reserves all rights that are not expressly granted through this Terms and Conditions. |
| 708 | 753 | |
| 709 | 754 | #### 15\. No Exclusivity |
| 710 | 755 | |
| 711 | | 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. |
| 756 | The Terms and Conditions is a non-exclusive Terms and Conditions. The Customer hereby states and agrees that Magnific 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, Magnific is under no obligation whatsoever to place any such products or services at the Customer disposal. |
| 712 | 757 | |
| 713 | 758 | #### 16\. Confidentiality |
| 714 | 759 | |
| 715 | | 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. |
| 760 | Any communications Magnific sends the Customer and the API Services may contain Magnific's Confidential Information. If the Customer receives any of Magnific'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 Magnific's prior written consent. Furthermore, the Customer shall take measures to prevent any unauthorized use, access or disclosure to third parties of Magnific'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 Magnific's Confidential Information where so required by law after giving sufficient notice thereof, unless the competent court rules that Magnific should not be served such prior notice. The Customer likewise undertake to destroy or return Magnific's Confidential Information upon Magnific'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 Magnific'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. |
| 716 | 761 | |
| 717 | 762 | #### 17\. Warranties and Exclusion of Liability |
| 718 | 763 | |
| 719 | 764 | ##### 17.1 No Warranties |
| 720 | 765 | |
| 721 | | 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. |
| 766 | 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, Magnific 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 Magnific under the Terms and conditions. |
| 722 | 767 | |
| 723 | 768 | ##### 17.2 Additional Exclusion of Liability |
| 724 | 769 | |
| 725 | | 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: |
| 770 | 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 Magnific services related to this Terms and conditions is excluded. More specifically, Magnific does not warrant that: |
| 726 | 771 | |
| 727 | 772 | 1. the API Services will meet the Customer needs, those of its API Client(s) or those of it/their End User; |
| 728 | 773 | 2. the API Services will run without stoppages, downtimes or in a timely, secure or error-free way; |
| 729 | 774 | 3. 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 |
| 730 | 775 | 4. 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. |
| 731 | 776 | |
| 732 | 777 | ##### 17.3 No External Warranties |
| 733 | 778 | |
| 734 | | 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. |
| 779 | 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 Magnific, any third party related to Magnific 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. |
| 735 | 780 | |
| 736 | 781 | ##### 17.4 Third-Party Services |
| 737 | 782 | |
| 738 | | 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. |
| 783 | The API Services may contain links to third-party websites and online services which are not owned or controlled by Magnific. Magnific 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 Magnific 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. |
| 739 | 784 | |
| 740 | 785 | ##### 17.5 Support |
| 741 | 786 | |
| 742 | | 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. |
| 787 | The Customer understand and accept that it is solely liable for operating and maintaining its API Client(s) without there being any obligation for Magnific in this regard, unless otherwise stated herein. Magnific 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. |
| 743 | 788 | |
| 744 | 789 | #### 18\. Liability |
| 745 | 790 | |
| 746 | | ##### 18.1 Limitations of Freepik's Liability |
| 791 | ##### 18.1 Limitations of Magnific's Liability |
| 747 | 792 | |
| 748 | | 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). |
| 793 | Magnific 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 Magnific'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). |
| 749 | 794 | |
| 750 | | Freepik shall likewise not be liable for any damages which may arise from: |
| 795 | Magnific shall likewise not be liable for any damages which may arise from: |
| 751 | 796 | |
| 752 | | 1. Stoppages, downtimes, viruses, faults, interferences, omissions, electronic system or communications system disconnections or disconnections in its equipment for reasons beyond Freepik's control. |
| 797 | 1. Stoppages, downtimes, viruses, faults, interferences, omissions, electronic system or communications system disconnections or disconnections in its equipment for reasons beyond Magnific's control. |
| 753 | 798 | 2. 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. |
| 754 | 799 | 3. Actions by third parties. |
| 755 | 800 | 4. Inability to access the API or the API Services due to maintenance or updating work. |
| 756 | | 5. Any other circumstance beyond Freepik's control. |
| 801 | 5. Any other circumstance beyond Magnific's control. |
| 757 | 802 | |
| 758 | 803 | ##### 18.2 Additional Limitations |
| 759 | 804 | |
| 760 | | 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. |
| 805 | To the maximum extent allowed under the law which applies and subject to the provisions set forth in this clause, Magnific'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 Magnific for access to and use of the Premium API Services over the twelve months prior to the event that gave rise to the liability. |
| 761 | 806 | |
| 762 | 807 | ##### 18.3 Indemnity |
| 763 | 808 | |
| 764 | | 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: |
| 809 | The Customer shall indemnify Magnific, 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: |
| 765 | 810 | |
| 766 | 811 | 1. 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; |
| 767 | 812 | 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 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 |
| 768 | | 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 End Users, and not by Freepik. |
| 813 | 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 End Users, and not by Magnific. |
| 769 | 814 | |
| 770 | 815 | #### 19\. General Provisions |
| 771 | 816 | |
| 772 | 817 | ##### 19.1 Entire Terms and conditions |
| 773 | 818 | |
| 774 | 819 | 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. |
| 775 | 820 | |
| 776 | 821 | ##### 19.2 No Waiver |
| 777 | 822 | |
| 778 | | 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). |
| 823 | Magnific 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). |
| 779 | 824 | |
| 780 | 825 | ##### 19.3 Nullity and Severability |
| 781 | 826 | |
| 782 | 827 | 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. |
| 783 | 828 | |
| 784 | 829 | ##### 19.4 Notices |
| 785 | 830 | |
| 786 | 831 | All written notices must be drafted in English or Spanish and sent by e-mail to the address indicated on the account or on the Order Form and shall be deemed to have been served after their reception. |
| 787 | 832 | |
| 788 | 833 | ##### 19.5 Assignment of the Terms and conditions |
| 789 | 834 | |
| 790 | | 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. |
| 835 | Magnific 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 Magnific's previous approval. |
| 791 | 836 | |
| 792 | 837 | ##### 19.6 Relationship of the Parties |
| 793 | 838 | |
| 794 | | This Terms and conditions does not involve the creation of an association or an agency relationship with Freepik. The parties are independent contracting parties. |
| 839 | This Terms and conditions does not involve the creation of an association or an agency relationship with Magnific. The parties are independent contracting parties. |
| 795 | 840 | |
| 796 | 841 | ##### 19.7 Priority |
| 797 | 842 | |
| 798 | 843 | 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. |
| 799 | 844 | |
| 800 | 845 | ##### 19.8 Governing Law and Competent Jurisdiction |
| 801 | 846 | |
| 802 | | 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. |
| 847 | 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, Magnific may file for an injunction (or any other equivalent urgent legal remedies) in any jurisdiction. |
| 803 | 848 | |
| 804 | 849 | ## AI Products Terms and Conditions |
| 805 | 850 | |
| 806 | | #### Effective Date: September 2025 |
| 851 | #### Effective Date: April 2026 |
| 807 | 852 | |
| 808 | | These terms (the "AI Products Terms") govern the use of the artificial intelligence-powered products and tools offered by Freepik Company, including, but not limited to, the tools available at **www.freepik.com/ai** (the "AI Products"). Freepik Company reserves the right to update these terms periodically. |
| 853 | These terms (the "AI Products Terms") govern the use of the artificial intelligence-powered products and tools offered by Magnific including, but not limited to, the tools available at **www.magnific.com/ai** (the "AI Products"). Magnific reserves the right to update these terms periodically. |
| 809 | 854 | |
| 810 | | Freepik Company may provide translations of these Terms and Conditions into various languages merely for informative purposes. However, the English version is the only legally binding version. In the event of any discrepancy between the English version and a translated version, the English version shall prevail. |
| 855 | Magnific may provide translations of these Terms and Conditions into various languages merely for informative purposes. However, the English version is the only legally binding version. In the event of any discrepancy between the English version and a translated version, the English version shall prevail. |
| 811 | 856 | |
| 812 | | #### 1\. Relationship with Freepik's General Terms of Use |
| 857 | #### 1\. Relationship with Magnific's General Terms of Use |
| 813 | 858 | |
| 814 | | These AI Products Terms complement and are governed by Freepik's general Terms, available at [https://www.freepik.com/legal/terms-of-use](https://www.freepik.com/legal/terms-of-use). Any terms not defined herein shall have the meaning assigned to them in the Terms. |
| 859 | These AI Products Terms complement and are governed by Magnific's general Terms, available at [https://www.magnific.com/legal/terms-of-use](https://www.magnific.com/legal/terms-of-use). Any terms not defined herein shall have the meaning assigned to them in the Terms. |
| 815 | 860 | |
| 816 | 861 | #### 2\. Description of AI Products |
| 817 | 862 | |
| 818 | | The AI Products allow users to generate and edit graphic resources using artificial intelligence tools provided by Freepik Company. Users can upload text, images, video, audio, or other materials ("Input"), which the AI Products process to generate images, videos, audio files, presentations, or any other graphic resources (the "Output"). |
| 863 | The AI Products allow users to generate and edit graphic resources using artificial intelligence tools provided by Magnific. Users can upload text, images, video, audio, or other materials ("Input"), which the AI Products process to generate images, videos, audio files, presentations, or any other graphic resources (the "Output"). |
| 819 | 864 | |
| 820 | | User access to AI Products is governed by a credit-based system. Each action performed using AI Products will deduct a predefined number of credits from the User's account. The use of AI Products on the Website will be limited to the number of usage credits available to each User, according to the Subscription they have purchased. Freepik will inform the User on the Website about the number of available usage credits, as well as the usage credit cost of each AI Product. The AI Products usage credits available to each User will reset at the beginning of each subscription period. |
| 865 | User access to AI Products is governed by a credit-based system. Each action performed using AI Products will deduct a predefined number of credits from the User's account. The use of AI Products on the Website will be limited to the number of usage credits available to each User, according to the Subscription they have purchased. Magnific will inform the User on the Website about the number of available usage credits, as well as the usage credit cost of each AI Product. The AI Products usage credits available to each User will reset at the beginning of each subscription period. |
| 821 | 866 | |
| 822 | | Freepik Company may impose limits on the number of Outputs that the User can create using AI Products. Freepik Company will notify the User when they have consumed the number of credits available for their User account. AI Products may not be available in all languages. |
| 867 | Magnific may impose limits on the number of Outputs that the User can create using AI Products. Magnific will notify the User when they have consumed the number of credits available for their User account. AI Products may not be available in all languages. |
| 823 | 868 | |
| 824 | 869 | #### 3\. Use of Third-Party Technology |
| 825 | 870 | |
| 826 | 871 | Our AI Products may incorporate artificial intelligence models developed by third parties. The terms and conditions and/or license agreements of such third-party providers are incorporated into these AI Products Terms by reference, and the User is responsible for complying with them. |
| 827 | 872 | |
| 828 | 873 | Additionally, when content is offered under a special license, such as certain forms of open-source licenses that require the provision of a copy of the license, we will provide a copy directly on our website or upon User request. This ensures transparency and compliance with the licensing terms of the content provided through our AI Products. |
| 829 | 874 | |
| 830 | 875 | #### 4\. User Responsibility |
| 831 | 876 | |
| 832 | | The User is responsible for the Input uploaded and the Outputs generated. The User must ensure that their Inputs and Outputs comply with these terms before uploading, using, or sharing them. Additionally, the User must ensure that all usage complies with our [Acceptable Use Policy](https://www.freepik.com/legal/acceptable-use-policy), which sets guidelines to ensure respectful and legal use of our services. |
| 877 | The User is responsible for the Input uploaded and the Outputs generated. The User must ensure that their Inputs and Outputs comply with these terms before uploading, using, or sharing them. Additionally, the User must ensure that all usage complies with our [Acceptable Use Policy](https://www.magnific.com/legal/acceptable-use-policy), which sets guidelines to ensure respectful and legal use of our services. |
| 833 | 878 | |
| 834 | | Freepik Company does not select, screen, control, guarantee, endorse, sponsor, or identify in any way with the Outputs. |
| 879 | Magnific does not select, screen, control, guarantee, endorse, sponsor, or identify in any way with the Outputs. |
| 835 | 880 | |
| 836 | | The User may use the Output for any legal purpose, provided they comply with these AI Products Terms and agree that they are solely responsible for such use, and that any use of the Outputs is at their own risk. Freepik does not guarantee the legality, accuracy, completeness, or reliability of the Outputs and accepts no liability arising from the User's use of the Outputs or any omission or error contained in the Outputs. The User is solely responsible for obtaining independent professional advice before using the Outputs or relying on its accuracy. |
| 881 | The User may use the Output for any legal purpose, provided they comply with these AI Products Terms and agree that they are solely responsible for such use, and that any use of the Outputs is at their own risk. Magnific does not guarantee the legality, accuracy, completeness, or reliability of the Outputs and accepts no liability arising from the User's use of the Outputs or any omission or error contained in the Outputs. The User is solely responsible for obtaining independent professional advice before using the Outputs or relying on its accuracy. |
| 837 | 882 | |
| 838 | 883 | #### 5\. Warranties Regarding User-Provided Input |
| 839 | 884 | |
| 840 | 885 | The User warrants and represents that they possess all necessary rights, licenses, and permissions to upload the Input into the AI Products. In particular, the User warrants that: |
| 841 | 886 | |
| 842 | 887 | 1. They are the creator or rights holder of the Input or have a legally valid license or authorization for its use in the AI Products. |
| 843 | 888 | 2. They have obtained all necessary authorizations from any person whose image, voice, identity, or other personal data appears in the Input. |
| 844 | 889 | 3. The Input does not infringe intellectual property rights, privacy, image, or other rights of third parties and complies with all applicable laws. |
| 845 | 890 | |
| 846 | | The User assumes full responsibility for any claims arising from the use of the Input and Output and holds Freepik Company harmless from any liability. |
| 891 | The User assumes full responsibility for any claims arising from the use of the Input and Output and holds Magnific harmless from any liability. |
| 847 | 892 | |
| 848 | 893 | #### 6\. Prohibited Uses |
| 849 | 894 | |
| 850 | 895 | The User agrees not to upload any Input or use any Output to: |
| 851 | 896 | |
| 852 | 897 | 1. Infringe, misappropriate, or violate intellectual property and/or image rights or other rights of third parties. |