Freepik Terms of Use changes — 20250204_rev01

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- Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User's equipment which are not the Company's responsibility.

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- Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.

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- Third-party actions.

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- Unavailability of the Website and the Services due to maintenance or software updates.

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- Any other event beyond the Company's direct control.

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##### 6.2. Company's Liability

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

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

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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.

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

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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.

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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.

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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 the avoidance of doubt, the Company's liability under this Section does not extend to any claims, damages, or losses related to AI Generated Content, as defined in Section 4.4. Such content is governed exclusively by the AI Product Terms, which establish separate liability rules applicable to its use.

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The liability set forth in this paragraph is conditional upon the following requirements being met:

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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;

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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;

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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

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4. the User cooperates with the Company in the defence of the claim.

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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.

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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.

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##### 6.3. Limitation of the Company's liability

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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:

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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.-€).

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2. For those Users who have purchased the Premium Subscription in accordance with Section 9: up to TEN THOUSAND EUROS (€10,000.00).

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3. For those Users who have purchased the Premium+ Subscription in accordance with Section 9: up to FIFTY THOUSAND EUROS (€50,000.00).

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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.

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For clarification purposes, these liability limits:

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- Apply to the maximum extent permitted by applicable law.

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- Do not apply to claims or damages arising from the use of AI Generated Content, as defined in Section 4.4 of these Terms, which are governed exclusively by the AI Product Terms.

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#### 7\. Intellectual Property

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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.

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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.

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+#### November 2024
+#### January 2025
 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.
 Freepik Own Contents are offered under the conditions stated from time to time in the Website (including, without limitation, restrictions to the number of downloads per day) and its use is allowed in the terms set out or referred to in these Terms, as applicable.
 ##### 4.3. Collaborators Content
 Collaborators Contents are offered in the terms stated at the relevant time in the Website (including, without limitation, daily download limits), and its use is allowed in the terms set out or referred to in these Terms, as applicable.
+When offering Collaborators Content, the Company acts as a mere intermediary between the User that downloads such content and the collaborator, providing the User with access and subscription to the Collaborators Content.
+When offering Collaborators Content, the Company may act as a mere intermediary between the User that downloads such content and the collaborator, providing the User with access and subscription to the Collaborators Content.
+The Company makes reasonable efforts in guaranteeing the lawfulness and quality of the Collaborators Content. However, the Company cannot monitor or control all Collaborators Content. Therefore, the User acknowledges and agrees that the Company shall not be responsible for evaluating the originality, the non-infringement of third-party rights or the lawfulness of Collaborator Content and that the Company does not guarantee nor is liable in respect of any such contents, except for those cases expressly provided in the applicable regulations.
+In those cases, the Company makes reasonable efforts in guaranteeing the lawfulness and quality of the Collaborators Content. However, the Company cannot monitor or control all Collaborators Content. Therefore, the User acknowledges and agrees that the Company shall not be responsible for evaluating the originality, the non-infringement of third-party rights or the lawfulness of Collaborator Content and that the Company does not guarantee nor is liable in respect of any such contents, except for those cases expressly provided in the applicable regulations.
 ##### 4.4. AI Generated Content
 The User may generate different types of content using the AI Products offered by the Company on the Website. The use of the AI Products, as well as the content generated using such tools, is governed by the [AI Products Terms and Conditions]().
 The use of AI Products on the Website will be limited to the number of usage credits available to each User based on the Subscription they have purchased (for more information, see Section 9). The Company will inform the User on the Website of the number of usage credits available, as well as the usage credit cost of each AI Product. The AI Product usage credits available to each User will be reset at the start of each subscription period.
 #### 5\. Storage and Offer of Collaborator Content
+The Company limits itself to solely hosting the Collaborator Content and, therefore, it has no obligation to edit, select, check, or control the Collaborator Content nor does it guarantee, approve or necessarily agree with the Collaborator Content. If you wish to make an enquiry related to the Collaborator Content or if you believe that the Collaborator Content violates any rights or does not meet these Terms, or is inappropriate, you can contact the Company as indicated below.
+In those cases in which, in accordance with the provisions of Clause 4.3, the Company acts as a mere intermediary between the User and the Collaborator, the Company limits itself to solely hosting the Collaborator Content and, therefore, it has no obligation to edit, select, check, or control the Collaborator Content nor does it guarantee, approve or necessarily agree with the Collaborator Content. If you wish to make an enquiry related to the Collaborator Content or if you believe that the Collaborator Content violates any rights or does not meet these Terms, or is inappropriate, you can contact the Company as indicated below.
 The Collaborator is the sole and exclusive responsible for the Collaborator Content provided to the Company for storage, publishing and offering to Users through the Website.
 #### 6\. Liability
+##### 6.1. Users' Liability
 The User acknowledges and agrees that he/she/it uses the Website and its Services at the User's own risk and under the User's responsibility and, therefore, the Company does not accept any responsibility for misuse or use in breach of these Terms.
 The User will be responsible for any damages to the Company resulting from the User's use of the Website and the Services in breach of the Terms and accepts to indemnify the Company and its directors, employees, agents and representatives from any liability in which they may incur as a result of the User's breach of these Terms.
 The Company does not warrant the availability or continuity of the Website or the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.
 - Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User's equipment which are not the Company's responsibility.
 - Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
 - Third-party actions.
 - Unavailability of the Website and the Services due to maintenance or software updates.
 - Any other event beyond the Company's direct control.
+##### 6.2. Company's Liability
 Save for the company's wilful misconduct, and those cases in which due to the specific circumstances of the user involved or the nature of the matter, applicable law provides that liability cannot be limited by agreement, use of the website and the services is at sole risk of the user and the company shall not be liable for any damage of any kind caused to the user as a result of using the website and/or the services.
 In accordance with Section 4 above regarding Sponsored Content, the Company exclusively limits itself to the provision of links to the content provided by the company that owns the Sponsored Content, based on the Users' preferences, without assuming any responsibility for search results.
 The insertion of links in the Services does not imply any relationship, recommendation or supervision by the Company of the linked website and, accordingly, the Company does not accept any liability in relation to the content of any linked website except in the specific circumstances provided by the applicable law.
+In accordance with Section 4 above regarding the Collaborator Contents, the Company acts exclusively as the provider of the storing and intermediation service between the offer of Collaborator Content and the Users interested in downloading them, without any liability in relation to such contents, except for those cases expressly stated by the applicable law.
 The Company will make reasonable commercial efforts in order to ensure the accuracy of keywords and descriptions, as well as the identification of content as exclusively for editorial use or equivalent. However, the company neither warrants nor makes any representation regarding any keyword, title or description; or the identification or lack of identification of any content as exclusively for editorial use. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with these Terms, the Company shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles or descriptions, or from the use of the visual content identified as exclusively for editorial use.
+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.
+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 the avoidance of doubt, the Company's liability under this Section does not extend to any claims, damages, or losses related to AI Generated Content, as defined in Section 4.4. Such content is governed exclusively by the AI Product Terms, which establish separate liability rules applicable to its use.
+The liability set forth in this paragraph is conditional upon the following requirements being met:
+. 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;
+. 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;
+. 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
+. the User cooperates with the Company in the defence of the claim.
+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.
+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.
+##### 6.3. Limitation of the Company's liability
+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:
+. 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.-€).
+. For those Users who have purchased the Premium Subscription in accordance with Section 9: up to TEN THOUSAND EUROS (€10,000.00).
+. For those Users who have purchased the Premium+ Subscription in accordance with Section 9: up to FIFTY THOUSAND EUROS (€50,000.00).
+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.
+For clarification purposes, these liability limits:
+- Apply to the maximum extent permitted by applicable law.
+- Do not apply to claims or damages arising from the use of AI Generated Content, as defined in Section 4.4 of these Terms, which are governed exclusively by the AI Product Terms.
 #### 7\. Intellectual Property
 All intellectual property rights over the Website, the Services, and/or the Freepik Content, its design, and source code, and all content included in any of them (including without limitation text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to the Company.
 Except as expressly authorized under these Terms, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Website, the Services, the Freepik Content or any of its parts, is strictly forbidden.
 ###### 9.4.1 Essential Subscription
 After contracting the Essential Subscription, as defined on the Website, the User may benefit from the following:
 . Access to part of the selection of Premium content on the Website, both for direct download and online editing through the tools offered by the Company, subject to the limits indicated on the Website.
+. Usage of the Website without third-party advertisements.
+. Usage of the AI Products indicated on the Website, limited to the number of usage credits per subscription period indicated on the Website.
+. Priority support in relation to free Users.
+. Usage of the AI Products indicated on the Website, limited to the number of usage credits per subscription period indicated on the Website.
+. Priority support in relation to free Users.
 ###### 9.4.2 Premium Subscription
 After contracting the Premium Subscription, as defined on the Website, the User may benefit from the following:
 . Usage of Freepik Content and Storyset Content (as defined in the [Storyset Terms of Use](https://storyset.com/terms)) without attribution to the Website/Company.
 . Access to all Free content and the entire selection of Premium content, both for direct download and online editing.
+. Usage of the Website without third-party advertisements.
+. Not being subject to specific download limits of Freepik Content that apply at any given time, without prejudice to certain quantitative limitations to prevent fraudulent or abusive use of the Website.
+. The benefits of the [Flaticon Premium Subscription](https://www.flaticon.com/legal).
+. Usage of the AI Products indicated on the Website with a higher number of usage credits per subscription period than those applicable to the Essential Subscription.
+. Priority support in relation to free Users or those who have contracted an Essential Subscription.
+. Not being subject to specific download limits of Freepik Content that apply at any given time, without prejudice to certain quantitative limitations to prevent fraudulent or abusive use of the Website.
+. The benefits of the [Flaticon Premium Subscription](https://www.flaticon.com/legal).
+. Usage of the AI Products indicated on the Website with a higher number of usage credits per subscription period than those applicable to the Essential Subscription.
+. Priority support in relation to free Users or those who have contracted an Essential Subscription.
 ###### 9.4.3 Premium+ Subscription
 After contracting the Premium+ Subscription, as defined on the Website, the User may benefit from the following:
 . The benefits of the Freepik Premium Subscription as described above.

Terms of Use

Full text changes — 20241201_rev01 to 20250204_rev01