Terms of Use

ARCHIVED 2024-11-01, DATE APPROXIMATE · VERSION 20241101_rev01 · COMPARED WITH 20241001_rev01

Full text changes — 20241001_rev01 to 20241101_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

+#### July 2024
+#### October 2024
 This website is operated by Freepik Company, S.L., registered in the Commercial Registry of Málaga, volume 4994, sheet 217, page number MA-113059, with Tax Number B-93183366 and registered office at 13 Molina Lario St., 5th floor, 29015, Málaga, Spain ("**Company**").
 These terms of use ("**Terms**") govern the access, browsing and use by the users ("**User**" or "**Users**", as applicable) of https://www.freepik.com/, including any of its subdomains and/or sections ("**Website**"); as well as the services rendered through the Website ("**Service**" or "**Services**", as applicable) which include the download and use of certain content.
 By accessing and using the Website, the User accepts in their entirety and agrees to be bound by the Company's [Acceptable Use Policy](https://freepik.com/legal/acceptable-use-policy/), which is made an integral part of these Terms by this reference.
 The User may upgrade the contracted Subscription at any time through their User account. When upgrading the contracted Subscription to a higher level, the update will be effective immediately, and the User must pay the full price of the new Subscription, retaining the unused AI Product usage credits up to the modification date, which will be added to those applicable to the new Subscription. Subscription modifications to lower levels will be effective at the end of the current billing period.
 ###### 10.3.3. Canceling the Subscription and/or Contracted Seats
 The User may cancel the renewal of their Subscription and/or contracted Seats at any time through their profile. The Subscription and/or contracted Seats will remain in effect for the duration of the billing period. At the end of the subscription period, the Subscription benefits and/or contracted Seats will end for the User. Unused AI Product usage credits cannot be consumed once the Subscription ends.
+###### 10.3.4. Purchase of extra credits for usage of AI Products
+Depending on the type of Subscription purchased, the User may be able to purchase additional packages of credits for the usage of the AI Products (the 'Extra Credits') offered by the Company. The price and the number of credits included in each package of Extra Credits shall be those indicated on the Website at the time of purchase. Extra Credits contracted by the User and not consumed will be automatically transferred to the following periods of the User's Subscription (rollover). Extra Credits will be consumed once the User has used up the credits associated with his/her current Subscription during the corresponding subscription period and, in any case, only for as long as they maintain an active Subscription. In the event that the User cancels the Subscription and becomes a free User, the unused Extra Credits will be automatically cancelled, without the possibility of any refund or compensation whatsoever. At the time of purchasing the Extra Credits, the User may select the option to convert the purchase of Extra Credits into a recurring purchase. In this case, once the number of Extra Credits available reaches the minimum number indicated by the Company, a new package of Extra Credits will be automatically contracted, with the same price conditions as for the first purchase. The Company may modify the purchase prices of the Extra Credits at any time, provided that it notifies the User who has chosen the recurring contracting option at least 30 days prior to its entry into force, with the email address associated with their account being the means of such communication. The Extra Credits will have an expiry period of 3 years from the time they are purchased, and will be cancelled after that time, with no possibility of reimbursement by the User.
 ##### 10.4. Subscription Benefits
 ###### 10.4.1 Essential Subscription
 After contracting the Essential Subscription, as defined on the Website, the User may benefit from the following:
 #### 12\. Changes to and Termination of the Website
 The Company may, at any time, and without incurring any liability to the User, modify the content of the Website or the Services, limit or modify the Terms and Conditions or discontinue providing some or all of the Services and functionalities available or deactivate and delete some or all of the User accounts and related information. However, the Company will comply with its obligations relating to the retention of records in relation to certain transactions for the relevant period as provided by applicable law.
 ## API Services Terms and Conditions
+#### May 2024
+#### October 2024
 These Terms and Conditions of the Freepik API Services and Flaticon API Services (collectively, the **"API Services"**) are binding and shall apply to access to and use of the API Services by the user (hereinafter **"the Customer"**). Customer access to and use of the API Services implies that the Customer has read and accepted all these Terms and Conditions of the API Services. We therefore recommend that you review them frequently.
 The API Services (as defined hereunder) are provided by Freepik Company, S.L., whose registered office is at Calle Molina Lario 13, 5th Floor, 29015 Malaga, Spain. It is duly registered at the Malaga Companies Registry in Volume 4994, Folio 217, Sheet number MA-113059 and is the holder of T.I.N. B93183366 (hereinafter **"Freepik"** or **"the Company"**). You must fulfill these Terms and Conditions of the API Services (hereinafter the **"Terms and Conditions"**) at all times when you access or use the API Services. By accessing and using the API Services and in exchange for receiving the benefits of the API Services provided by Freepik, you agree to be bound by the Terms and conditions (as this term is defined hereunder).
 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://freepik.com/legal/acceptable-use-policy/), which is made an integral part of these Terms by this reference.
 . **API Client** refers to a website or software application (including mobile phone applications) developed by the Customer that accesses or uses the API Services.
 . **Developer Policies** refers to the policies on the API Services that are currently available at [https://docs.freepik.com/](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.
 . **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).
 . **Freepik's Confidential Information** refers to any information belonging to Freepik which is provided to the Customer in relation to accessing or using the API Services, excluding any information the Customer have developed independently, any which has been lawfully delivered to the Customer by a third party that is not subject to confidentiality obligations or any which has been made publicly available without the Customer being involved in its disclosure.
 . **Freepik Content** refers to the content offered through the API Services which is owned by Freepik or its licensors
 . **Developer Website** refers to Freepik and Flaticon's developer website, including the web pages currently available at [https://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/).
+. **End User** refers to persons who access and interact with the Freepik Content, AI Generated Content or the AI Products 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.
+. **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.
 . **Guidelines** refers to the guidelines and other documents posted on the Developer Website.
+. **Personal Data** has the meaning set forth in REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) or the national legislation of the EU Member State which supplements or implements it, as said legislation is progressively updated, amended and/or replaced from time to time.
+. **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
+. **Personal Data** has the meaning set forth in REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) or the national legislation of the EU Member State which supplements or implements it, as said legislation is progressively updated, amended and/or replaced from time to time.
 #### 2\. The Terms and conditions
 ##### 2.1 Object
 This Terms and conditions sets forth the conditions to access to and use of the API Services by the Customer.
+The API consists of a set of tools, protocols, and documents designed to facilitate the integration of Freepik Content, the AI Generated Content and the AI Products 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.
+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.
+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 and the AI Products at the disposal of the API Client.
+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.
 Subject to fulfillment of all the terms and conditions set forth herein, Company hereby authorizes the API Client's End Users in a non-transferable, revocable, limited, non-exclusive manner and on a worldwide basis for the duration of the relevant rights to download, use and modify the Freepik Content, in a device the End User owns or controls and only for the purposes and uses allowed in the [Freepik Terms and Conditions]() and [Flaticon Terms and Conditions](https://www.flaticon.com/legal).
+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/).
 Freepik reserves all rights which are not expressly granted through this license.
 The Customer will need a unique password and/or another credential (jointly referred to herein as API keys) to initiate a session in its account and access and use the API Services. The Customer may only access its account with the API keys provided by Freepik. The Customer shall not sell, transfer, dispose of, sublicense or divulge its API keys. The Customer 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.
 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.
 The Terms and Conditions is comprised of:
 . the Terms and Conditions;
 . the Developer Policies;
 . the [Freepik Privacy Policy](https://freepik.com/legal/privacy);
+. the [Freepik Terms and Conditions]();
+. the [Flaticon Terms and Conditions](https://www.flaticon.com/legal);
+. the [AI Products Terms and Conditions](); and
+. the [Acceptable Use Policy](https://freepik.com/legal//acceptable-use-policy/).
+. the [Magnific Privacy Policy](https://magnific.ai/legal/);
+. the [Freepik Terms and Conditions]();
+. the [Flaticon Terms and Conditions](https://www.flaticon.com/legal);
+. the [Terms of Service of Magnific](https://magnific.ai/legal/)
+. the [AI Products Terms and Conditions](); and
+. the [Acceptable Use Policy](https://freepik.com/legal//acceptable-use-policy/).
 ##### 2.3 Amendment of the Terms and conditions
 Freepik may amend the Terms and Conditions or any of the documents which comprise the Terms and Conditions. Freepik shall endeavor to give notice of any changes made to the Terms and Conditions by sending an e-mail at least 30 calendar days before said changes come into force. Nonetheless, any specific changes which incorporate new functions, or any made for legal reasons may enter into force immediately, regardless of whether or not notice thereof is given. If the Customer disagrees with any of the changes, the Customer may terminate the Terms and Conditions. If the Customer do not terminate the Terms and Conditions immediately and continue accessing or using the API Services, whether directly or through the API Client(s), including any development activity related to any of the API Services and any interaction of the API Client(s) with any of the API Services, it shall be deemed that the Customer has accepted said changes.
 #### 3\. Access to and Permitted Use of the API Services
 Notwithstanding any other limitations set forth herein, the Customer and its API Client(s) shall
 . use the API Services in good faith and solely for the purposes allowed under this Terms and Conditions, avoiding any fraudulent purpose or negligent use thereof;
 . ensure that the caching, storing, or otherwise hosting any Freepik Content will be limited to strict technical reasons. The Customer is obliged to call the download endpoint every time a resource is used by an End User, even if the resource is cached, stored or hosted, so that Freepik can trace the legitimate use of the API. The API Client is responsible for implementing appropriate measures to ensure that no automatic or unintentional caching of the Freepik Content takes place.
 . adhere to all other usage Guidelines, technical specifications, or documentation provided or made available by Freepik in relation to the API Service
 . fulfill all the laws, standards and regulations which apply and not infringe third-party rights;
+. not access or use the API Services in a way which breaches said laws, standards and regulations or third-party rights, or in a way that is deceitful, unethical, false or confusing, and require anybody else acting on the Customer behalf and its API Client(s) to do so as well; and
+. set forth binding terms and conditions and privacy policies for End Users of its API Client(s) that are in accordance with this Terms and Conditions.
+. 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;
+. 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
+. 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.
 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.
 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.
 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).