Terms of Use
ARCHIVED 2025-03-01, DATE APPROXIMATE · VERSION 20250301_rev01 · COMPARED WITH 20250204_rev01
Full text changes — 20250204_rev01 to 20250301_rev01
COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED
| 119 | 119 | 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 | 120 | |
| 121 | 121 | 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 | 122 | |
| 123 | 123 | 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 | 124 | |
| 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 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. | |
| 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. | |
| 126 | 126 | |
| 127 | 127 | The liability set forth in this paragraph is conditional upon the following requirements being met: |
| 128 | 128 | |
| 129 | 129 | 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 | 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; |
| 131 | 131 | 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 |
| 142 | 142 | 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 | 143 | 2. For those Users who have purchased the Premium Subscription in accordance with Section 9: up to TEN THOUSAND EUROS (€10,000.00). |
| 144 | 144 | 3. For those Users who have purchased the Premium+ Subscription in accordance with Section 9: up to FIFTY THOUSAND EUROS (€50,000.00). |
| 145 | 145 | |
| 146 | 146 | 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 | 147 | |
| 148 | For clarification purposes, these liability limits: | |
| 148 | For clarification purposes, these limits of liability shall apply to the maximum extent permitted by applicable law. | |
| 149 | 149 | |
| 150 | - Apply to the maximum extent permitted by applicable law. | |
| 151 | - 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. | |
| 152 | ||
| 153 | 150 | #### 7\. Intellectual Property |
| 154 | 151 | |
| 155 | 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. |
| 156 | 153 | |
| 157 | 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. |
| 158 | 155 | |
| 817 | 814 | 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. |
| 818 | 815 | |
| 819 | 816 | ## AI Products Terms and Conditions |
| 820 | 817 | |
| 821 | 818 | #### April 2024 |
| 822 | 819 | |
| 823 | These terms (the "AI Product Terms") apply to your use of 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 (the "AI Products"). Freepik Company reserves the right to update these AI Product Terms from time to time. | |
| 820 | ## AI Products Terms and Conditions | |
| 824 | 821 | |
| 822 | #### Effective Date: February 2025 | |
| 823 | ||
| 824 | 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. | |
| 825 | ||
| 825 | 826 | 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. |
| 826 | 827 | |
| 827 | The AI Products allow the User to generate graphic resources using AI-powered tools provided by Freepik Company (the "AI Generated Content"). | |
| 828 | #### 1\. Relationship with Freepik's General Terms of Use | |
| 828 | 829 | |
| 829 | The User is responsible for any text uploaded to the AI Products ("Input") as well as the resulting material the AI Products generates, such as images, presentations or any other graphic resource ("Output"). The User is responsible for ensuring that the Inputs and Outputs comply with the AI Product Terms before using or sharing them. | |
| 830 | 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. | |
| 830 | 831 | |
| 831 | Freepik Company may impose limits on the number of AI Generated Content the User can create using the AI Products. Freepik Company will notify the User when the maximum number of Outputs for the User account is reached. The AI Products might not be available in all languages. | |
| 832 | #### 2\. Description of AI Products | |
| 832 | 833 | |
| 833 | Freepik Company reserves the right to limit the permitted uses of the Output generated by the AI Products. This may include, but is not limited to, personal use, editorial use, and other specified uses. Should an Output be listed as limited for certain uses, the User must comply with such limitation and use it exclusively for the indicated purposes. | |
| 834 | 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"). | |
| 834 | 835 | |
| 835 | The AI Products use technology provided by third party service providers to allow the User to create AI Generated Content. Such third party providers' terms and conditions and/or license agreements are part of the present AI Product Terms by reference, and the User is responsible for complying with them. Additionally, the User must ensure that all content complies with our [Acceptable Use Policy](https://freepik.com/legal/acceptable-use-policy), which sets forth guidelines to ensure respectful and lawful use of our services. | |
| 836 | 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. | |
| 836 | 837 | |
| 837 | Furthermore, when the content is offered under a special license, such as some 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 the user's request. This ensures transparency and compliance with the licensing terms of content provided through our AI Products. | |
| 838 | 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. | |
| 838 | 839 | |
| 839 | The User may use the AI Generated Content for any legal purpose, provided that the User complies with the AI Product Terms and accepts that the User is solely responsabile for such use, and any such use of the AI Generated Content is at the User's own risk. | |
| 840 | #### 3\. Use of Third-Party Technology | |
| 840 | 841 | |
| 841 | The User agrees not to upload any Input or use any Output to | |
| 842 | 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. | |
| 842 | 843 | |
| 843 | 1. infringe, misappropriate, or violate the intellectual property and/or image rights or other rights of any third party, | |
| 844 | 2. generate spam, false, misleading, deceptive, harmful for any person or group, or violent imagery; | |
| 845 | 3. mislead anyone that the AI Generated Content is human-generated; | |
| 846 | 4. generate political content including for dissemination in electoral campaigns; | |
| 847 | 5. generate nudity or shocking content including obscene gestures or other profane subjects; and | |
| 848 | 6. 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. | |
| 849 | 7. To generate or disseminate personal identifiable information that can be used to harm an individual; | |
| 850 | 8. To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm; | |
| 851 | 9. For fully automated decision making that adversely impacts an individual's legal rights or otherwise creates or modifies a binding, enforceable obligation; | |
| 852 | 10. To provide medical advice and medical results interpretation; | |
| 853 | 11. To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use). | |
| 844 | 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. | |
| 854 | 845 | |
| 855 | In the event that any of the Input or Output is alleged to be unlawful or otherwise in breach of these AI Product Terms, the User acknowledges that Freepik Company may disclose such content to law enforcement or other governmental authorities, or in response to a court order. Likewise, the breach of this AI Product Terms shall entitle Freepik Company to suspend or ban the User's account. | |
| 846 | #### 4\. User Responsibility | |
| 856 | 847 | |
| 857 | The User acknowledges and agrees that the Output of AI Generated Content is generated by artificial intelligence technology. Freepik Company does not select, examine, control, guarantee, approve, sponsor or identify itself in any form with the AI Generated Content. | |
| 848 | 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. | |
| 858 | 849 | |
| 859 | Freepik Company makes no warranty as to the legitimacy, accuracy, completeness or reliability of the AI Generated Content and does not accept any liability or responsibility arising in any way from the use of the AI Generated Content by the User or any omissions or errors contained in the AI Generated Content. The User is solely responsible for obtaining professional and independent advice before using the AI Generated Content, or rely on the accuracy of the AI Generated Content. | |
| 850 | Freepik Company does not select, screen, control, guarantee, endorse, sponsor, or identify in any way with the Outputs. | |
| 860 | 851 | |
| 861 | By creating AI Generated Content, the User grants Freepik Company a right to host the Inputs and Outputs on Freepik Company's platforms and use it for security reasons and to improve Freepik Company's products and services. Freepik Company will never use any content uploaded by the User (including its own image taken when using the AI Products) to train any AI model or improving its services. | |
| 852 | 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. | |
| 862 | 853 | |
| 863 | The User acknowledges and accepts that, on certain occasions, and due to the use of certain Inputs, the AI Products may produce undesired results. In the event that such results occur, the User may contact Freepik Company through the [support form](https://www.freepik.com/profile/support) (or any other channel made available by Freepik Company from time to time) to report them. If there is any doubt as to whether an Output may violate these AI Product Terms, the User should refrain from using it. | |
| 854 | #### 5\. Warranties Regarding User-Provided Input | |
| 864 | 855 | |
| 856 | 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: | |
| 857 | ||
| 858 | 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. | |
| 859 | 2. They have obtained all necessary authorizations from any person whose image, voice, identity, or other personal data appears in the Input. | |
| 860 | 3. The Input does not infringe intellectual property rights, privacy, image, or other rights of third parties and complies with all applicable laws. | |
| 861 | ||
| 862 | 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. | |
| 863 | ||
| 864 | #### 6\. Prohibited Uses | |
| 865 | ||
| 866 | The User agrees not to upload any Input or use any Output to: | |
| 867 | ||
| 868 | 1. Infringe, misappropriate, or violate intellectual property and/or image rights or other rights of third parties. | |
| 869 | 2. Generate spam, false, misleading, deceitful, harmful content to any person or group, or violent images. | |
| 870 | 3. Use the Outputs to distill, modify, or train another artificial intelligence model, including any process that involves the transfer of patterns, weights, parameters, activations, or intermediate data representations, or the generation of synthetic data to induce another model to function similarly. | |
| 871 | 4. Deceive any person into believing that the Output was created by a human. | |
| 872 | 5. Generate political content intended for dissemination in electoral campaigns. | |
| 873 | 6. Generate content that includes nudity or shocking material, such as obscene gestures or other profane topics. | |
| 874 | 7. Defame, slander, or vilify a person, race, gender, culture, sexual orientation, religion, country, region, city, town, or other place, or any other human group. | |
| 875 | 8. Generate or disseminate personally identifiable information that could be used to harm an individual. | |
| 876 | 9. Exploit the vulnerabilities of a specific group of people based on their age, social, physical, or mental characteristics, to materially distort the behavior of a person belonging to that group in a way that causes or may cause physical or psychological harm to that person or others. | |
| 877 | 10. Engage in fully automated decision-making that negatively affects the legal rights of an individual or in any way creates or modifies a binding and enforceable obligation. | |
| 878 | 11. Provide medical advice and interpretation of medical results. | |
| 879 | 12. Generate or disseminate information for use in the administration of justice, law enforcement, immigration, or asylum processes, such as predicting that an individual will commit fraud/crime (e.g., through text profiling, establishing causal relationships between statements made in documents, indiscriminate and arbitrarily directed use). | |
| 880 | ||
| 881 | In the event that any Inputs or Outputs are apparently illegal or violate the AI Products Terms, the User acknowledges that Freepik Company may disclose such content to law enforcement or governmental authorities, or in response to a court order. Additionally, non-compliance with the AI Products Terms will entitle Freepik Company to suspend or terminate the User's account. | |
| 882 | ||
| 883 | #### 7\. Ownership of Inputs and Outputs | |
| 884 | ||
| 885 | As between the User and Freepik, the User is and shall remain the sole and exclusive owner of all right, title, and interest in and to any and all the Inputs. | |
| 886 | ||
| 887 | Between Freepik and the Users who have purchased a Subscription on the Website (the "Subscribers"), Freepik hereby assigns to them all rights, title, and interest it may have in such Output. The Subscriber will be the exclusive owner of all rights, title, and interest in the Output, in perpetuity and to the fullest extent permitted by applicable law, provided that their Subscription remains active at the time of generation of the Output and subject to the compliance with these AI Products Terms. | |
| 888 | ||
| 889 | Between Freepik and the Users with a free account on the Website (the "Free User"), Freepik Company grants the Free User with a free account a personal, non-exclusive, non-transferable, and revocable license to use the Outputs exclusively for personal and non-commercial purposes. | |
| 890 | ||
| 891 | Freepik Company reserves the right to specify the permitted uses of Outputs generated by certain AI Products. This may include, but is not limited to, personal use, editorial use, or other specified uses. In cases where Freepik Company notifies a restriction on the use of a particular type of Output, the User must limit their use as indicated by the company. | |
| 892 | ||
| 893 | #### 8\. Nature of AI-Generated Content and Intellectual Property Rights | |
| 894 | ||
| 895 | The User acknowledges that the Outputs are produced using artificial intelligence models and that similar outputs may be generated by different users. Freepik Company does not guarantee the exclusivity of the Output nor that it cannot be generated again by other users of the service. | |
| 896 | ||
| 897 | The User further agrees that, under the laws of certain jurisdictions, the Output may not be protected by intellectual property rights. | |
| 898 | ||
| 899 | #### 9\. License Granted to Freepik Company | |
| 900 | ||
| 901 | By using the Ai Products, the User grants Freepik Company the right to host the Inputs and Outputs on platforms managed by Freepik Company or its providers and to use them for security purposes and to improve Freepik Company's products and services. Freepik Company will not use Inputs (including the User's image captured when using certain AI Products) or Outputs to train its own AI models. | |
| 902 | ||
| 903 | #### 10\. Confidentiality | |
| 904 | ||
| 905 | Inputs and Outputs used or generated through the AI Products will be treated as confidential unless the User chooses to share them publicly via [Freepik Creators' Community](https://www.freepik.com/legal/creators-community-terms) or other platforms. Freepik Company commits not to disclose such information to third parties, except when necessary to provide the service, when the User makes an Output public, or when required by law. | |
| 906 | ||
| 907 | Once the User publishes an Output on [Freepik Creator's Community](https://www.freepik.com/legal/creators-community-terms), such content may be accessed and used by other users according to the platform's terms, and Freepik Company will not be responsible for its use or distribution by third parties. | |
| 908 | ||
| 909 | #### 11\. Service Availability and Quality | |
| 910 | ||
| 911 | Freepik Company makes every effort to ensure continuous and stable access to AI Products. However, the User acknowledges and agrees that: | |
| 912 | ||
| 913 | 1. AI Products may be subject to changes in functionality, algorithms, interfaces, or performance without prior notice. | |
| 914 | 2. Freepik Company does not guarantee the quality, stability, uptime, accuracy, or reliability of AI Products or the Outputs. | |
| 915 | 3. Temporary or permanent service interruptions may occur due to maintenance, updates, or external factors. | |
| 916 | 4. Freepik Company reserves the right to modify, suspend, or discontinue the AI Products in whole or in part. | |
| 917 | ||
| 918 | Freepik Company does not guarantee that Outputs created by the User will always be available or stored indefinitely. Freepik Company may limit, delete, or remove the Outputs for security reasons, system performance, legal compliance, or other operational needs. The User is solely responsible for maintaining adequate backups of any Output they wish to keep. Freepik Company will not be liable for any loss, deletion, or unavailability of the User's Inputs or Outputs. | |
| 919 | ||
| 920 | #### 12\. Reporting Undesired Outputs and Contact | |
| 921 | ||
| 922 | The User acknowledges and agrees that, in certain cases, due to the use of specific Inputs, AI Products may produce undesired Outputs. If such results occur, the User may contact Freepik Company through the [support form](https://www.freepik.com/profile/support) (or any other channel provided by Freepik Company at any given time) to report them. If in doubt about whether an Output may violate the AI Products Terms, the User should refrain from using it. | |
| 923 | ||
| 865 | 924 | ## END USER LICENSE AGREEMENT FOR DISNEY CONTENT |
| 866 | 925 | |
| 867 | 926 | Please read this End User Licence Agreement ("EULA") carefully before editing or downloading any Disney Content from www.freepik.com, www.slidesgo.com and www.wepik.com, including any subdomains (the "Website(s)"). By downloading, editing, copying, and/or otherwise using the Disney Content you agree to be bound by the terms of this EULA. We are only prepared to licence you to use the Disney Content on the terms of the EULA. |
| 868 | 927 | |
| 869 | 928 | By clicking "Accept" before editing or downloading the Disney Content this EULA shall become a binding agreement between you and the Company. |
| 870 | 929 |