October 2024
This website is operated by HOCELIX Company, registered in the Commercial Registry of Paris at 12 Rue La Boetie, 75008 Paris, RCS Number 881 490 965 R.C.S. Paris (“Company”).
These Terms of Use (“Terms”) govern access to, browsing, and use of https://www.elitpix.com/ and its subdomains (“Website”), along with the services offered (“Service” or “Services”), including content downloads.
By using the Website, Users (“User” or “Users”) accept and agree to comply with the Company’s Acceptable Use Policy, which is part of these Terms. If Users disagree with any part of the Terms, they should not use the Website.
The Company may modify these Terms at any time, with the date above indicating the latest update. Users should review these Terms regularly.
Certain Services may be subject to additional conditions, which Users must accept before accessing them. These specific conditions, set by the Company or third parties, may override the general Terms in case of conflict.
Translations of these Terms are provided for information only, with the English version as the legally binding one in case of discrepancies. The Privacy Policy applies to data collection and processing.
1. Services Offered
The Website provides Users with visual content like images, videos, PSD files, vector icons, and information. Services include Company-owned content (“Elitpix Content”), third-party content (“Collaborators Content”), and fee-based content (“Sponsored Content”), clearly identified in search results. Users can also use AI Products and Online Editors per respective terms incorporated into these Terms.
2. Authorized Use
Users must use the Website and Services in good faith, following the Terms and Acceptable Use Policy. Access or downloads should reflect genuine interest. Artificially inflating access, clicks, or downloads, such as using bots or unauthorized software, is prohibited and may lead to account termination and liability for damages. Fraudulent, negligent, or unlawful use of Services is strictly forbidden.
Interference with the Website’s function, including unauthorized account access or any actions impacting its security or functionality, is prohibited. Users are responsible for costs incurred while using the Services, ensuring compatibility with their needs and equipment.
Rights granted under these Terms are personal and non-transferable without prior written consent. The Website may display ads related or unrelated to the content or Services, which Users accept.
3. Registration
Certain Services require registration. Users must provide a valid email and are responsible for keeping their information updated. Legal entities must use their full or corporate name, with the registering person confirming authorization to bind the entity.
Users must protect their passwords and are accountable for all activity on their accounts. If unauthorized access is suspected, they should notify the Company immediately. Accounts may be suspended or canceled if the Company suspects breaches of these Terms.
4. Content
Services allow Users to search, view, and download Elitpix Content and AI-Generated Content based on preferences. For inquiries or complaints regarding content, Users should contact the Company following copyright complaint instructions on the Website.
4.1 Sponsored Content
Sponsored Content is displayed via affiliations with third parties. The Company is not the content provider and is not responsible for its accuracy or legality. Access to Sponsored Content is governed by the third-party provider’s terms, and any claims regarding such content must be directed to them.
4.2 Elitpix Own Content
Elitpix Content is available under conditions set by the Company, including daily download limits, and is governed by these Terms.
4.3 Collaborators Content
Collaborators Content, also subject to download limits, is accessible via subscription. While the Company ensures content legality, it is not liable for content originality or compliance beyond what the law specifies.
4.4 AI-Generated Content
Users can create content using the Company’s AI Products on the Website, following the AI Products Terms and Conditions.
This revision aims to maintain the formal tone and coverage of the original text but with improved readability and conciseness.
Here’s a fully rewritten, condensed, and improved version of the text from your image.
5. Storage and Provision of Collaborator Content
The Company’s role is limited to storing and displaying Collaborator Content; it does not edit, verify, or endorse it. Therefore, the Company is not responsible for any issues, errors, or lack of quality in Collaborator Content. If you have concerns about specific content, please contact the Company.
Collaborators are solely responsible for the content they provide, including its storage, publishing, and availability to Users via the Website.
6. Liability
Users acknowledge and agree that they use the Website and its Services at their own risk, fully accepting responsibility. The Company disclaims liability for any misuse or breach of these Terms by the User.
Users are responsible for any damages to the Company arising from their use of the Website or Services that violate these Terms, and they agree to indemnify the Company and its affiliates against any resulting liabilities.
The Company does not guarantee the availability, continuity, or suitability of the Website or Services for any particular purpose. It is not liable for damages due to:
• Interruptions, technical issues, system failures, or factors beyond the Company’s control, including user-related issues or telecommunication network errors.
• Overuse or improper use by the User.
• Downtime due to maintenance or software updates.
This liability disclaimer applies except in cases mandated by law. Where legal restrictions limit the Company’s ability to limit liability, the Company’s liability will be limited to the maximum extent permitted.
For issues arising specifically from Sponsored Content, the Company disclaims responsibility. In such cases, liability is limited to the party offering the Sponsored Content.
This condensed text captures the original’s meaning while making it more concise and easier to read.
7. Conditions of Subscriptions Offered on the Website
7.1. General Conditions of Subscriptions
The conditions in this section (“Subscription Conditions”) govern any purchase of a Subscription offered through the Website. By completing a Subscription purchase, the User agrees to these Subscription Conditions. These conditions are additional to the Terms, which continue to apply to Users with a Subscription unless otherwise specified.
Subscription details, including prices, usage limits, and conditions (e.g., daily download limits, usage credits for AI Products), are available on the Website. Subscriptions are generally non-transferable and are intended for personal use.
Payments are made through accepted methods on the Website, using secure gateways. The Company does not store payment data. Subscriptions become active only after payment is confirmed. Once active, they remain in effect for the contracted period, with invoices sent upon completion.
Subscriptions renew automatically at the end of each term using the same payment method unless canceled by the User before expiration. Unused usage credits do not roll over; they reset each billing period.
The Company reserves the right to change subscription prices but will apply the current price at the time of order. Price changes for renewals will be notified to the User at least one month prior.
If a Subscription is made on behalf of an entity, the User must have legal authority to bind that entity. The User grants the Company a license to display the entity’s name, logo, or trademarks in marketing materials during the Subscription term.
Due to digital content delivery, withdrawal rights do not apply, as agreed by the User, except where consumer regulations state otherwise.
7.2. Guest Seats Contracting
An Account Owner (administrator User) can contract “Seats” for end-users (“Guests”), who gain access to the Subscription through linked accounts.
Seat pricing and VAT are shown on the Website. Prices may change, but the price at the time of order applies.
Account Owners can assign Seats within their contracted limit. The Owner’s account counts as one Seat but may be reassigned to another Guest. Guests must log in with an authorized email or create an account with that email.
Account Owners can add or reduce Seats at any time. New Seats are effective immediately with a prorated charge. Reductions take effect at the end of the current billing period. Seats are personal and cannot be shared.
Account Owners have full control over Guests’ Seats, including assigning, unassigning, monitoring, and accessing data.
Responsibilities of the Account Owner include:
1. Reasonable use of the Owner account and control of Guests’ Seats.
2. Authorizing only individuals with whom there’s a personal or professional relationship.
3. Informing Guests of authorized Seat usage per these Terms.
4. Ensuring the legitimate use of the Services, including Guests’ activities.
5. Managing all activities related to the Owner account and Seats.
Account Owners and Guests enjoy Subscription benefits outlined in section 10.4.
7.3. Pausing, Modifying, or Canceling Subscriptions
• 7.3.1. Pausing the Subscription
Users may pause their Subscription within limits specified by the Company. Benefits cease during pauses and resume upon reactivation. Pauses affect renewal timing, and exceeding the allowed pause period triggers automatic reactivation.
• 7.3.2. Modifying the Subscription
Users can upgrade their Subscription anytime. Upgrades are immediate, with unused AI credits carried over. Downgrades take effect at the end of the billing period.
• 7.3.3. Canceling the Subscription and/or Contracted Seats
Users may cancel renewals through their profile. Subscriptions remain active for the billing period. Unused AI credits expire once the Subscription ends.
• 7.3.4. Purchase of Extra Credits for AI Products
Users may buy additional AI Product credits (Extra Credits), which roll over if unconsumed, up to three years. Extra Credits are used after regular credits are exhausted and are canceled if the Subscription ends. Recurring purchases of Extra Credits are possible, with price changes notified at least 30 days in advance.
7.4. Subscription Benefits
• 7.4.1 Essential Subscription
Includes access to select Premium content, ad-free Website usage, AI Products within credit limits, and priority support over free Users.
• 7.4.2 Premium Subscription
Includes full access to Elitpix and Storyset Content without attribution, all Free and Premium content, ad-free use, unlimited Elitpix downloads within reason, Flaticon Premium benefits, more AI Product credits than Essential, and priority support.
• 7.4.3 Premium+ Subscription
Includes all Premium benefits plus higher AI Product credits, priority access to new AI Products, and priority support over Essential and Premium Subscriptions.
8. Changes and Closure of the Website
The Company may modify, limit, or discontinue the Website or Services without liability. Users with active Subscriptions may receive a prorated refund if services are terminated. Legal record-keeping obligations will be fulfilled as per applicable law.
9. Limitation of Liability
To the fullest extent permitted by applicable law, the Company and its affiliates, agents, directors, employees, suppliers, or licensors are not liable for any damages (direct, indirect, punitive, incidental, special, consequential, or exemplary) including, but not limited to, loss of profits, goodwill, use, data, or other intangible losses arising from the use or inability to use the Service. This includes issues related to User Content, Elitpix Content, AI Generated Content, or Third Party Content. Additionally, the Company bears no liability for damages, losses, or injuries resulting from hacking, tampering, or unauthorized access to the Service or user accounts.
Specifically, the Company disclaims liability for:
- 1. Errors or inaccuracies in content.
- 2. Personal injury or property damage arising from the use of the Service.
- 3. Unauthorized access to or use of secure servers or personal information stored on them.
- 4. Service interruptions, including outages, technical issues, or telecommunications failures.
- 5. Transmission of bugs, viruses, Trojan horses, or similar issues by third parties.
- 6. Errors, omissions, or damages resulting from content accessed or used via the Service.
- 7. Defamatory, offensive, or illegal conduct by third parties.
- 8. Loss or deletion of User Content or Elitpix Editor Designs.
This limitation applies across all legal bases, including contract, tort, negligence, or strict liability, even if the Company has been advised of possible damages. These limitations apply to the fullest extent permitted by law.
10. Changes to and Termination of the Website
The Company reserves the right to modify or discontinue any content, Service, or functionality of the Website at any time, without liability to the User. This includes the right to limit or modify the Terms and Conditions, deactivate User accounts, and delete User information. However, the Company will adhere to any legal requirements regarding record-keeping and will provide proportional refunds to active Subscription users affected by termination.
11. General and Contact Information
The Website’s usage and interpretation of these Terms are governed by Spanish law. Unless another jurisdiction is mandated by applicable law, disputes will be resolved by the Courts of Málaga, Spain. Users waive any other jurisdiction to which they may otherwise be entitled.
Under EU Regulation (EU) 524/2013, consumers can access the European Commission’s online dispute resolution platform at https://ec.europa.eu/consumers/odr/.
If any provision of these Terms is declared invalid, it will be replaced or deemed omitted without affecting the remaining provisions. For support or inquiries, Users may contact the Company at https://www.elitpix.com/profile/support.
API Services Terms and Conditions
As of May 2024, these Terms apply to the Elitpix and other Services (the “API Services”) provided by HOCELIX Company, based in Paris, France. Accessing and using the API Services signifies full acceptance of these Terms by the Customer, who is advised to review them regularly.
Key points include:
• Acceptance of the Company’s Acceptable Use Policy as an integral part of these Terms.
• The Company’s right to modify the Terms at any time, with the latest version taking precedence.
• Legal authority of the English version of these Terms in case of translation discrepancies.
Access to and usage of the API Services may be subject to specific conditions or instructions from Elitpix or third parties, which must be accepted by the Customer before accessing the Services.
The Company and the Customer are referred to individually as “Party” and collectively as “Parties.”
These Terms are governed by French Law. Disputes are subject to the jurisdiction of the Courts of Paris, France unless otherwise legally required. Users can refer to the EU online dispute resolution platform here.
If any part of these Terms is deemed invalid, it will be removed without affecting the remaining Terms.
For inquiries or claims, contact the Company at support page.