Terms of Service

THE PARTIES ARE:

Lordicon Sp. z o.o. (limited liability company) with its registered office at ul. Podwale 62/313, 50-010 Wrocław, Poland, incorporated under the laws of Poland and registered in the companies register of the National Court Register held by District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of National Court Register (Sąd Rejonowy dla Wrocławia-Fabrycznej we Wrocławiu, VI Wydział Gospodarczy KRS) under (KRS) no. 0000975713, having EU VAT ID: PL8992927559 and the share capital in the amount of 40 000 PLN

further referred to as: “Lordicon”

AND

The party that uses Lordicon’s Services

further referred to as: the “User” or “you”

2.1. Definitions. As used herein, the following capitalized terms shall have the meanings provided as follows:

• “Account” means an account created by the User after correctly filling in the registration form and accepting the Terms and Conditions.
• “Agreement” means the agreement on the basis of which the User is entitled to use the Services according to these Terms and Conditions.
• “Consumer” a natural person who performs a legal transaction not directly related to their business or professional activity with an entrepreneur/a company.
• “Effective date” is the date the User registers as a Lordicon Platform user or starts using Services that do not require the Account and logging, which activities mean the acceptance of conditions stated in the Terms and Conditions.
• “Paddle” means Paddle.com Market Limited with its registered office at 15 Briery Close, Great Oakley, Corby, Northamptonshire NN18 8 JG, United Kingdom, Paddle Payments Limited with its registered office at Core B, Block 71, The Plaza, Park West, Dublin 12, Ireland and Paddle.com Inc with its registered office at 3811 Ditmars Blvd, 1071 Astoria, NY 11105-1803, all operating on the site: https://paddle.com/.
• “Paid subscription plan” means subscription plan regarding paid licenses for icons that can be used according to terms determined by Lordicon.
• “Purchase agreement” means a purchase agreement of Paid subscription plan, animated illustrations or requests concluded between the User and Lordicon's reseller - Paddle - by electronic means or directly between the User and Lordicon.
• “Services” or “Lordicon’s Services” mean any services provided electronically by Lordicon to Users via the Lordicon Platform, on the terms and within the scope of functionalities described in the Terms and Conditions.
• “Sole trader” means a natural person who performs a legal transaction with an entrepreneur/a company directly related to their business activity, where the content of such transaction indicates that it does not have professional nature for this person, based on the object of their business activity.
• “Term” means the duration of the Terms and Conditions from the Effective Date until their termination.
• “Terms and Conditions” are the conditions stated herein.
• “Lordicon Platform” or “Platform” is a platform operated by Lordicon available at: www.lordicon.com with all other subdomains thereof.

3.1. Effective Date. These Terms and Conditions come in force as of the Effective Date. This means that by participating in or using the Services or features of the Lordicon Platform, you are agreeing to be bound by the Terms and Conditions. The Agreement is concluded between the Parties at the same time.

3.1.1. The Account can also be made by registering through the User’s social media account, if such feature is provided by Lordicon. After registering the Account, the User will receive the accepted Terms and Conditions in a PDF form on the email address indicated by the User. After the aforementioned actions of the User, the Account is created by Lordicon.

3.1.2. You further agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the Lordicon’ Services shall be subject to and shall abide by these Terms and Conditions.

3.2. Services and technical requirements. Lordicon performs the Services that enable the User especially to create and use the Account, as part of which the User also receives free information on icons to its email address provided during registration (including the possibilities of using icons in general or ways of placing icons on its website), to receive the newsletter, integrate the API and purchase the Paid subscription plan, animated illustrations and requests. The use of the Services is voluntary.

3.2.1. The Platform is designed for use solely on devices that meet the technical requirements described in the Terms and Conditions. Using the Platform on a device that does not meet the aforementioned requirements may lead to its malfunction and inability to properly use its features by the User. Using the Lordicon Platform requires the following: (i) electronic device that enables web browsing, (ii) an Internet connection, (iii) a valid email address, (iv) a web browser i.e. Microsoft Edge (latest version), Mozilla Firefox 3.x (or later), Google Chrome 5.0.x (or later), Safari 5.x (or later), Opera 10.6 (or later), (v) a Javascript enabled. Please note that if you use older browser versions (e.g. Internet Explorer 6), you may not be able to access all the functions on some parts of the Lordicon Platform.

3.2.2. In order to display videos, the Lordicon Platform also requires an mp4 plug-in to the browser and mp4 player installed on the User’s device or WebM format: Chrome 6.0 or later, Firefox 4.0 or later or Opera 10.6 or later and for mobile devices: Android 2.3.7 or later.

3.2.3. In order to read legal documents, the User will need to have installed: pdf format, PFF/A standard reader. The User can download Adobe® Reader at: www.adobe.com. Additionally, to view these documents in the browser, the PDF Reader add-on shall be installed. For Adobe Reader please view https://helpx.adobe.com/acrobat/using/display-pdf-in-browser.html.

3.2.4. In order to view images, the browser options shall enable images. Some convenient functions on the Lordicon Platform require the browser with cookies enabled (including third parties cookies). Lordicon suggests that you activate cookies in the browser.

3.2.5. Lordicon hereby informs that if the User or other persons made changes to the operating system, individual configuration of the User’s device, or install (or use) on this device another computer program which affects the operation of the Platform, the Lordicon Platform may not work or work incorrectly. Lordicon hereby informs that in the aforementioned situations it may be impossible to use the Platform or the ability to use the Platform may be limited.

3.2.6. The costs of the Internet connection are borne by the User, in accordance with the provisions of the agreement between the User and their telecommunications operator.

3.2.7. Lordicon hereby states that he may issue free updates of the Platform (in particular, various new versions, patches, bug fixes). The elements of the Platform will be updated to the latest version automatically without the separate consent of the User to the extent that they do not affect its rights and obligations. In particular, changes and updating individual Platform functionalities or making these functionalities available may be conducted when the Platform is used by the User. Therefore Lordicon Service reserves the right to introduce necessary technical breaks in access to the Platform about which the User will be notified on its email address.

3.2.8. Subject to the provision of the preceding paragraph, the use of the Platform does not increase the threats to the safety of the devices used by the User.

3.2.9. There is no minimum duration for the Consumer's obligations under the Agreement.

3.3. Account Access. Lordicon grants the User a non-exclusive, non-assignable, and non-transferable right during the Term to use the Lordicon Platform in order to use Lordicon’s Services in accordance with all of the conditions set forth herein. To use specific Services provided by Lordicon, the User shall log into the Account on the Lordicon Platform using their email address and password.

3.3.1. Before the Account is created, the User is obliged to state their email address and password in the registration form. All other data such as a name, surname and an address of residence (if the Consumer) or company/business name, including the User’s legal form, an address of the registered office or business address and TAX/VAT ID (if running a business activity) is provided in case of concluding the Purchase Agreement. The User shall provide true, accurate and current information and shall maintain all account information, ensuring it is true, accurate and up-to-date. The aforementioned data shall be consistent with the VIES database (if applicable).

3.3.2. When an individual, the User represents and warrants that it has full capacity to perform acts in law. The User can be the Consumer or an individual running a business (including the Sole Trader).

3.3.3. When a person signing up to the Lordicon Platform acts on behalf of their employer or an entity, this person represents and warrants that he/she has full legal authority to bind their employer or such other entity to these Terms and Conditions. In case of doubt, Lordicon is entitled to demand proofs confirming that the person is entitled to act on behalf of and for the benefit of the User.

3.3.4. The User shall not permit any third party to use or gain access to the Lordicon Platform and shall use reasonable security measures to protect against unauthorized usage and/or access. The User is responsible for selecting and continuously managing its password and security settings to protect the User’s Account and this Account’s settings (including the User’s contact and payment information) from unauthorized changes. The User is responsible for maintaining the confidentiality and secrecy of the User’s password and the Account’s security settings, as well as the User’s other information. All consequences of the User’s voluntary disclosure of password and account information, as well as all activities that occur in the User’s Account are the User’s responsibility if the User runs a business activity (except the Sole trader). The User agrees to notify Lordicon immediately of any unauthorized use of the User’s Account or any other breach of security.

3.3.5. The User running a business activity (except the Sole trader), agrees that they shall be responsible for all of their activities on the Account, whether initiated by the User or other person on the User’s behalf and Lordicon shall be entitled to rely on any requests which have been initiated from the User’s Account. In this case, Lordicon disclaims any liability for any activity in the User’s Account, whether initiated or authorized by the User or not, unless it is Lordicon’s intentional fault. Subject to Lordicon’s intentional fault, the User is solely responsible for use of the Lordicon Platform by its employees or any unauthorized person.

3.3.6. Lordicon hereby informs, in accordance with article 6 (2) of the Act of 18th July 2002 on Providing Services by Electronic Means, that the function and purpose of software or data that do not form the part of the Service content which are introduced by Lordicon to the ICT system used by the User, are specified in the Privacy Policy available on: https://lordicon.com/privacy-policy.

3.4. Duration. The Agreement is concluded for an indefinite period of time. The User who is the Consumer or the Sole trader has the right to withdraw from the Agreement or Purchase agreement concluded directly with Lordicon according to point 9.7. of the Terms and Conditions if they have not demanded that the Services shall be made available before the expiry of the withdrawal period. Each Purchase agreement regarding Paid subscription plan or paid customized plan for requests (point 6.3) is concluded for a definite period of 1 year or 1 month according to the purchase terms. Paid subscription plan or customized plan for requests shall renew automatically until your credit card is valid. (Note: For individual plans, once you download or embed a specific icon, you can use it infinitely. Extending the Paid subscription plan by another month or year gives you access to the Lordicon Library resources & features.)

3.4.1. In case the Purchase agreement regarding Paid subscription plan or customized plan for requests has been concluded, the Purchase agreement expires accordingly after the end of that relevant plan if it was terminated at least in last day of Paid subscription plan or at least 3 (three) days prior to the last day of the customized plan for requests. The User can terminate the Purchase agreement directly from its Account (which causes the collection of new payments to be suspended) but this does not mean terminating the Agreement and deleting the Account which shall be done according to point 3.5 below. In case of purchasing an annual Paid subscription plan within the duration of the monthly Paid subscription plan, monthly Paid subscription plan is ceased at the end of the relevant month and annual Paid subscription plan is activated on the first day of the following month.

3.4.2. In case of the Purchase agreement regarding animated illustrations, it is immediately executed as soon as the relevant animated illustration is provided to the User. The animated illustration can be used according to the granted license.

3.5. ** Termination of the Agreement.** The User can give notice of termination of the Agreement at any time but it only can be ceased after an expiration of the Paid subscription plan or paid customized plan for requests (point 6.3). The User may wish to delete the Account by informing Lordicon about it electronically or by letter.

3.5.1. Lordicon can terminate the Agreement at any time in writing or by email by providing the User with a 14 (fourteen) days advance notice. If the User concluded the Purchase agreement, the Agreement is terminated only upon the expiry of the former. If due to the change of the Terms and Conditions their provisions come into force during the notice period, the previous content of the Terms and Conditions shall prevail with respect to the Parties’ relations.

3.5.2. Regardless of the foregoing, Lordicon has also the right to terminate the Agreement and delete the Account with immediate effect in any event that the User grossly or persistently breaches the provisions of the Terms and Conditions, and despite Lordicon's request to cease the breaches and setting an appropriate time limit to cease such breaches. The declaration of termination of the Agreement by Lordicon is sent to the User's email address or delivered in a different way, allowing them to read it. In relation to the User running a business activity (except the Sole Trader), regardless of the circumstances, such termination by Lordicon shall not give rise to liability.

3.6. External Services. By using an external service you conclude a contract with a third party as indicated below and not with Lordicon. Lordicon only links to relevant websites so you may be asked to accept third parties’ privacy policies, terms of use or software licenses as well as to create an account on a third party’s website. Lordicon is not liable for these third parties' services if you choose to use them. However, you are obliged to follow the relevant license provisions stated in these Terms and Conditions.

3.6.1. The order process is conducted solely by Paddle, which is the online reseller of Lordicon as well as the Merchant of Record. You can see Paddle Buyer Terms and Conditions here: https://paddle.com/legal-buyers/ and Paddle Buyer Privacy Notice here: https://paddle.com/privacy-buyers/. By placing an order with Paddle, the User agrees to the terms and conditions set out in Paddle's legal documents available at: https://paddle.com/. Paddle provides all customer service inquiries and handles returns. Note that in this case, you conclude the Purchase agreement directly with Paddle and not with Lordicon. However, you are obliged to follow the relevant license provisions stated in these Terms and Conditions as you are given the license through Paddle and the original license is owned by Lordicon and described in these Terms and Conditions. You will be able to see all your subscriptions and their duration in the User's Account, as well as to cancel the relevant subscription through it if it applies. (Note: For individual plans, once you download or embed a specific icon, you can use it infinitely. Extending the Paid subscription plan for another month or year gives you access to the Lordicon Library resources & features.)

3.6.2. The User can download Lordicon’s free plug-in for WordPress on https://wordpress.org/plugins/ which enables to insert and customize animated .json icons. The plug-in is consistent with the goals of the WordPress project and WordPress Plugin Guidelines as well as it has been revised by WordPress Foundation. The plug-in also contains a free icons pack which is licensed according to point 4.1. below. The plug-in itself is however licensed according to terms of MIT license which legal text is available here: https://spdx.org/licenses/MIT.html. You are bound by the aforementioned licenses and obliged to abide by them.

• • 3.7. Referral Program.** The User can join Lordicon’s referral program in accordance with the following terms. Lordicon provides the User with a unique link that can be shared with other people. For every new User who will create the Account within Lordicon's platform through that link and then purchase a Paid subscription plan within 30 (thirty) days, the User gets automatically 30 (thirty) days (i.e. 1 month) of Standard license for paid icons (Standard PRO license). When the User brings e.g. 3 or 10 new Users with regard to the specified conditions, it gets accordingly 3 or 10 months of the abovementioned license duration for free. The granting of free 30 (thirty) days regards the duration of Paid subscription plan and the User gets notification that the license was granted and automatically started if it has not already purchased the one. If the User has already a valid Paid subscription plan, it has to activate a free extension in its Account. Please note that it is forbidden to sell, share and assign any Account to other persons/entities, especially the Account with free days regarding duration of Paid subscription plan. Moreover free days regarding duration of Paid subscription plan cannot be transferred between Accounts. If the User wants to change its email address being the login to the Account and not only its contact data, it shall lose all free days gained. The breach of the above provisions constitutes a gross breach of the Agreement and is the basis for termination of the Agreement without notice by Lordicon.

3.8. Language and communication. The Agreement and Purchase agreements are executed in English. However communication regarding the Agreement and Purchase agreements can also be in Polish. The costs of using means of distance communication for the purposes of concluding the above mentioned agreements are not supposed to exceed the standard fees for using the means of communication. Please be aware that data size of provided content (e.g. videos) may be considerable. If you exceed your data limit, your network service provider may charge you additional fees.

4.1. Free icons. The User can download a free collection of icons made available by Lordicon. Being the User and having the Account may not be necessary for downloading free icons as this collection may be available without logging in. The amount of such icons in the collection is limited by Lordicon and individual icons as well as the number of icons in that collection can be changed by Lordicon at any time at his sole discretion. The icons in that collection are available in a wide range of formats including static formats, animated formats (JSON, GIF) and embedding HTML code. Moreover, all other icons may be available as free icons but only in limited formats e.g. SVG, EPS or PNG (in that case other formats are available only after purchase). The license rights for free icons are described in point 8.2.

4.1.1. Additionally, 1 (one) collection of icons can be created by the User after successful logging into Account. In order to keep colors in the composed color palette, you have to have cookies enabled and your device needs to allow saving files in its memory. Please note that deleting the cookies from your browser, opting out from cookies, changing the used browser or device, as well as any similar activities of yours will result in the loss of composed colors. To read more about the way cookies work, please go to our Privacy Policy available at: https://lordicon.com/privacy-policy.

4.2. Paid icons. Any other icons, except the ones determined in point 4.1. above, can be downloaded and used by the User after purchasing a relevant Paid subscription plan. In order to buy icons the User must first log into their Account and choose Paid subscription plan details and price which are available in the ‘Subscriptions’ section. The license rights for all paid icons are described in points 8.3-8.6. The subscription option means concluding the Purchase agreement for a specified period of time and other specific conditions indicated in the relevant paid subscription plan without the possibility of termination, unless for important reasons or according to provisions indicated in these Terms and Conditions.

4.3. Animated illustrations. Animated illustrations are not subject to any subscription plan. However, they can be purchased through the Lordicon Platform. The details and prices are available in the ‘Illustrations’ section. The license rights for animated illustrations are described in point 8.7.

5.1. Integration. If you have your own platform and want your users to use Lordicon’s collection of icons uploaded to the icon library, Lordicon may at its discretion provide you with an option of integration with the Lordicon Platform through its application programming interface (“API”). The exact integration procedure and its requirements are described in the ‘Developers’ section.

5.2. Authentication. Access to the API is available to the User through their Account where the User can generate an API key and manage it.

5.2.1. The API is secured. The User must use their User key and secret to sign requests when accessing the API. Only after authenticating, the User can make requests.

6.1. Icons. The User can purchase a Standard license for paid icons (Standard PRO license) to use icons via the Lordicon Platform using Paddle's services. In order to do that, the User shall purchase the Paid subscription plan. The Paid subscription plan includes all icons available at the Lordicon Platform and enables the User to use them according to the type of license attributable to the relevant plan within the duration of this plan. The duration of the Paid subscription plan and its price are indicated at the Lordicon Platform (in the ‘Subscription’ section). Other types of licenses are purchased directly from Lordicon who can also grant some Users a lifetime Standard license for paid icons (Standard PRO license) on the basis of an individual arrangement. Moreover if the User has already purchased the Paid subscription plan through Gumroad Inc.’s website: https://gumroad.com/, it shall activate its license by selecting the relevant license type and entering the license code on the Platform. Through its Account, the User can also extend the Paid subscription plan purchased through Gumroad Inc.’s website.

6.2. Animated illustrations. The User can also purchase animated illustrations via the Lordicon Platform directly from Lordicon. Animated illustrations can only be purchased separately as they are not a part of any subscription plan. The prices are indicated on the Lordicon Platform (in the ‘Illustrations’ section).

6.3. Requests. Every User who has integrated the API with Lordicon Platform can make up to 5000 requests per each calendar month which is costs-free. If the User wants to increase the monthly number of requests, they shall choose a paid customized plan’s details and prices which are available in the ‘Developers’ section. Payments are based on purchased requests as reported in the Lordicon Platform and are made directly to Lordicon.

6.4. Prices. Prices indicated in the front pages of ‘Subscriptions’, ‘Illustrations’ and ‘Developers’ sections are net prices – it means that they do not contain taxes or commissions which differ depending on the region or country the User comes from. All payments shall be done in advance in the currency specified for the region or country the User comes from and in the amount indicated at the time of the payment. The amount indicated at the time of the payment is a gross price with regard to the payments made directly to Lordicon. However please see Paddle’s terms of service before using Paddle’s services and purchasing the icons from Paddle.

6.5. Strong Customer Authentication. According to the relevant payment providers’ policies, some of the transactions may demand Strong Customer Authentication (SCA), which means that electronic payment is performed with multi-factor authentication to increase the security of such a payment.

6.5.1. The type of used multi-factor authentication as well as demanding SCA in any case depends on the policy of the relevant payment provider that is used by the User to make a payment.

6.5.2. The implementation of requirements regarding SCA may also lead to processing an increased amount of the User’s personal data by these payment providers and transferring the increased amount of the one by Lordicon to these payment providers, so it is recommended to respectively review the privacy policies available on their websites as well as the Privacy Policy of Lordicon.

6.6. Taxes and Withholding. The User running a business activity (except the Sole trader), understands and agrees that taxes with respect to commissions or any other payments made to Lordicon hereunder will not be withheld or paid directly or indirectly by Lordicon unless Lordicon determines in its sole discretion that Lordicon or its affiliates may be liable for any such taxes, in which case it shall withhold the estimated amount and notify the User of such withholding. The User understands and agrees that it is the User’s responsibility to pay all applicable local, state, federal, and/or foreign taxes on commissions and other expenses to Lordicon pursuant to these Terms and Conditions. The User agrees to promptly reimburse and indemnify Lordicon from any claim or assessment of taxes by any foreign, United States, State of Poland, state, and/or local taxing authority, and any other costs and damages, arising from or in connection with the operations stated in the Terms and Conditions.

7.1. Prohibited activities. The User shall not: (A) obtain or attempt to obtain any information from the Lordicon Platform, including without limitation: email addresses or phone numbers of other account holders or other software data, (B) use or attempt to use any software that is designed to provide a means of unauthorized access to, or distort, delete, damage or disassemble the Lordicon Platform and (C) provide or attempt to provide unlawful content via the Lordicon’s Platform.

7.1.1. The User is prohibited to use icons or animated illustrations to promote sites containing illegal and/or socially unacceptable content such as violent pornography, child pornography, hate or violence-related, racism, harassment, illegal drugs and other acts and contents banned by laws of Poland, European Union and/or the United States of America. The User shall also not use or purchase icons or animated illustrations in any manner, or in connection with any content, data, hardware, software or other materials, that (i) infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, (ii) constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third-party right or is threatening, harassing or malicious, (iii) violates any applicable law, ordinance, rule, regulation or treaty, (iv) is contrary to principles of community life, good manners and generally accepted principles of conduct, (v) support or preach radical social attitudes, in particular all kinds of discrimination on the grounds of sex, age, disability, race, religion, nationality, political or social beliefs, trade union memberships, ethnic origin, religion, sexual orientation (vi) that have racist nature or (vii) incite to commit a prohibited act, crime (offense) or violation of the rights of other people.

7.2. Right of control. Lordicon reserves the right to control and verify compliance with these restrictions and limitations. The User running business activity (except the Sole trader who is liable according to the provisions of Polish Civil Code and other applicable regulations) shall be responsible for all damages incurred by Lordicon arising from a violation of any of the provisions herein, including the loss of business profits caused by the termination of contracts by Lordicon’s business partners.

8.1. Copyright. All rights, including, without limitation, all copyrights and other intellectual property rights relating to the icons and animated illustrations, are retained by Lordicon.

8.2. License for free icons (Free license). By purchasing, downloading or using free icons the User agrees that Lordicon grants them license on terms and conditions, in general, complying with the Attribution-NoDerivatives 4.0 International license that is stated on the following website: https://creativecommons.org/licenses/by-nd/4.0/legalcode, subject to the modification of provisions of that license in such a way that downloading new icons is limited to the duration of the Account (if created) and to 1 million of views per month. The User is obliged to apply to its provisions in order to use free icons. If the User exceeds 1 million of views, they should conclude a Purchase agreement regarding the extended license for the display indicated in point 8.6 or an extended license for visual builders indicated in point 8.5.

8.3. Standard license for paid icons (Standard PRO license). By purchasing, downloading or using paid icons or animated illustrations, the User agrees that Lordicon grants them through Paddle a worldwide, royalty-free, non-sublicensable, irrevocable, non-exclusive, limited in time and to 1 million of views per month and no credit (non-attributable) license to use that paid icons subject to the terms stated herein and other provisions of the Terms and Conditions.

8.3.1. Moral rights, such as the right of integrity, are not licensed under granted license, nor publicity, privacy and/or other similar personality rights. However, to the extent possible, Lordicon waives and/or agrees not to assert any such rights held by it to the limited extent necessary to allow the User to exercise the paid icons according to the terms stated herein and other provisions of the Terms and Conditions.

8.3.2. Lordicon authorizes the User to use the icons in all media and formats (subject to point 8.3.4. regarding limitations), in particular in the form of animations and illustrations for web, mobile, and computer projects, video, graphical user interface (GUI), print, applications, computer games and presentations whether now known or hereafter created, and to make technical modifications necessary to do so. For purposes of a granted license, simply making modifications authorized by this point does not produce derivative works.

8.3.3. The User is permitted to: (i) non-commercial and commercial use, (ii) use in an unlimited number of projects or products, (iii) use only as an incorporated part of work or derivative work, (iv) disposal and use of the derivative work or work including the incorporated icon in an unexploited manner, (v) edit or modify the icons (all copyright and other intellectual property right relating to the icons whether edited or not remain the property of Lordicon), (vi) use, distribute, share and create derivatives without giving any credit (attribution).

8.3.4. The User is not permitted to (i) resell, trade, rent, lend, assign, gift, let for use, otherwise transfer or distribute the icons unincorporated to your work in whole or in part (even for free), (ii) use the icons in a product where the icons or derivatives form the core of that product (e.g. an icon library/pack), (iii) use the icon or animated illustrations as part of a trademark, service mark, logo or app icon, (iv) claim copyright, title or intellectual property right to the icon or any part thereof, (v) use the icon or derivative in any pornographic, fraudulent, obscene, immoral, infringing, illegal, blasphemous or defamatory material, (vi) use icons in HTML templates or themes.

8.3.5. Nothing in this granted license constitutes or may be construed as permission to assert or imply that you are or that your use of the paid icon is connected with, or sponsored, endorsed, or granted official status by Lordicon.

8.4. Extended license for templates. By purchasing, downloading or using paid icons, the User agrees that Lordicon grants them a worldwide, royalty-free, non-sublicensable, irrevocable, non-exclusive, limited in time and to 1 million of views per month per project and no credit (non-attributable) license to use that paid icons subject to the terms stated herein and other provisions of the Terms and Conditions.

8.4.1. Moral rights, such as the right of integrity, are not licensed under granted license, nor publicity, privacy and/or other similar personality rights. However, to the extent possible, Lordicon waives and/or agrees not to assert any such rights held by it to the limited extent necessary to allow the User to exercise the paid icons according to the terms stated herein and other provisions of the Terms and Conditions.

8.4.2. Lordicon authorizes the User to use the icons in all media and formats (subject to point 8.4.4. regarding limitations), in particular in the form of animations and illustrations for web, mobile, and computer projects, video, graphical user interface (GUI), print, applications, computer games and presentations whether now known or hereafter created, and to make technical modifications necessary to do so. For purposes of a granted license, simply making modifications authorized by this point does not produce derivative works. The User can make icons available to its users in a way that they are only allowed to adjust icons in the templates e.g. their colors or style.

8.4.3. The User is permitted to: (i) non-commercial and commercial use in a way that icons do not contribute to the core value of the product being sold or share, (ii) use in an unlimited number of projects or products, (iii) use only as an incorporated part of work or derivative work, (iv) disposal and use of the derivative work or work including the incorporated icon in an unexploited manner, (v) edit or modifies the icons (all copyright and other intellectual property right relating to the icons whether edited or not remain the property of Lordicon), (vi) grant the users the right to use icons contained in the User’s projects with the terms not exceeding the ones herein (e.g. any person or entity cannot withdraw icon from the derivative work or work with that incorporated icon), (vii) use, distribute, share and create derivatives without giving any credit (attribution), (viii) include icons in html templates or themes provided they are not free or “open-source".

8.4.4. The User is not permitted to (i) resell, trade, rent, lend, assign, gift, let for use, otherwise transfer or distribute the icons unincorporated to your work in whole or in part (even for free), (ii) use the icons in a product where the icons or derivatives form the core of that product (e.g. an icon library/pack), (iii) use the icon as part of a trademark, service mark, logo or app icon, (iv) claim a copyright, title or intellectual property right to the icon or any part thereof, (v) use the icon or derivative in any pornographic, fraudulent, obscene, immoral, infringing, illegal, blasphemous or defamatory material, (vi) allow the end-users to export the icons directly through its application/product.

8.4.5. Nothing in this granted license constitutes or may be construed as permission to assert or imply that you are or that your use of the paid icon is connected with, or sponsored, endorsed, or granted official status by Lordicon.

8.5. Extended license for visual builders. By purchasing, downloading or using paid icons, the User agrees that Lordicon grants them a worldwide, royalty-free, non-sublicensable, irrevocable, non-exclusive, limited in time, and no credit (non-attributable) license to use that paid icons subject to the terms stated herein and other provisions of the Terms and Conditions.

8.5.1. Moral rights, such as the right of integrity, are not licensed under granted license, nor publicity, privacy and/or other similar personality rights. However, to the extent possible, Lordicon waives and/or agrees not to assert any such rights held by it to the limited extent necessary to allow the User to exercise the paid icons according to the terms stated herein and other provisions of the Terms and Conditions.

8.5.2. Lordicon authorizes the User to use the icons in all media and formats (subject to point 8.5.4. regarding limitations), in particular in the form of animations and illustrations for web, mobile and computer projects, video, graphical user interface (GUI), print, applications, computer games and presentations whether now known or hereafter created, and to make technical modifications necessary to do so. For purposes of a granted license, simply making modifications authorized by this point does not produce derivative works. The User can make available icons to the specified number of its users in a way that they are allowed to use icons from the icon library, edit them and share within the final product. The number of your users who can use the icons depends on the subscription plan purchased.

8.5.3. The User is permitted to: (i) non-commercial and commercial use in a way that icons contribute to the core value of the product being sold or share, (ii) use in an unlimited number of projects or products, (iii) use only as an incorporated part of work or derivative work (iv) disposal and use of the derivative work or work including incorporated icon in unexploited manner, (v) edit or modify the icons (all copyright and other intellectual property right relating to the icons whether edited or not remain the property of Lordicon), (vi) grant the users the right to use icons contained in their projects with the terms not exceeding the ones herein (e.g. any person or entity cannot withdraw icon from the derivative work or work with that incorporated icon), (vii) use, distribute, share and create derivatives without giving any credit (attribution), (viii) use in items offered for sale or for free, (x) use icons in an application allowing the user to customize a digital product to their specific needs such as a “build it yourself” application.

8.5.4. The User is not permitted to (i) resell, trade, rent, lend, assign, gift, let for use, otherwise transfer or distribute the icons unincorporated to your work in whole or in part (even for free), (ii) use the icon as part of a trademark, service mark, logo or app icon, (iii) claim a copyright, title or intellectual property right to the icon or any part thereof, (iv) use the icon or derivative in any pornographic, fraudulent, obscene, immoral, infringing, illegal, blasphemous or defamatory material, (v) allow the end-users to export the icons directly through its application/product.

8.5.5. Nothing in this granted license constitutes or may be construed as permission to assert or imply that you are or that your use of the paid icon is connected with, or sponsored, endorsed, or granted official status by Lordicon.

8.6. Extended license for the display. In any case, the User of the standard license for paid icons or the extended license for templates wants to be able to display icons over 1 million views, it shall conclude an additional Purchase agreement regarding the relevant amount of views. Such additional license is limited to 1 year and modifies the terms of the license already purchased by you in such a way that it allows you to use more views within 1 year of concluding Purchase agreement regarding that extended license for the display. Please note that concluding the Purchase agreement regarding extended license for display does not extend the duration of the license (Paid subscription plan) originally purchased by you.

8.7. License for animated illustrations. By purchasing, downloading or using animated illustrations, the User agrees that Lordicon grants them a worldwide, royalty-free, non-sublicensable, irrevocable, non-exclusive, unlimited in time and no credit (non-attributable) license to use that animated illustrations subject to the terms stated herein and other provisions of the Terms and Conditions.

8.7.1. Moral rights, such as the right of integrity, are not licensed under granted license, nor publicity, privacy and/or other similar personality rights. However, to the extent possible, Lordicon waives and/or agrees not to assert any such rights held by it to the limited extent necessary to allow the User to exercise the animated illustrations according to the terms stated herein and other provisions of the Terms and Conditions.

8.7.2. Lordicon authorizes the User to use the animated illustrations in all media and formats (subject to point 8.7.4. regarding limitations), in particular in the form of animations and illustrations for web, mobile and computer projects, video, graphical user interface (GUI), print, applications, computer games and presentations whether now known or hereafter created, and to make technical modifications necessary to do so. For purposes of a granted license, simply making modifications authorized by this point does not produce derivative works.

8.7.3. The User is permitted to: (i) non-commercial and commercial use, (ii) use in an unlimited number of projects or products, (iii) use only as an incorporated part of work or derivative work, (iv) disposal and use of the derivative work or work including incorporated icon or animated illustrations in an unexploited manner, (v) edit or modifies the animated illustrations (all copyright and other intellectual property right relating to the animated illustrations whether edited or not remain the property of Lordicon), (vi) use, distribute, share and create derivatives without giving any credit (attribution).

8.7.4. The User is not permitted to (i) resell, trade, rent, lend, assign, gift, let for use, otherwise transfer or distribute the animated illustrations unincorporated to your work in whole or in part (even for free), (ii) use the animated illustrations in a product where the animated illustrations or derivatives form the core of that product (e.g. an animated illustrations library/pack), (iii) use the animated illustrations as part of a trademark, service mark, logo or app icon, (iv) claim copyright, title or intellectual property right to the animated illustrations or any part thereof, (v) use the animated illustration or derivative in any pornographic, fraudulent, obscene, immoral, infringing, illegal, blasphemous or defamatory material, (vi) include animated illustrations in HTML templates or themes.

8.7.5. Nothing in this granted license constitutes or may be construed as permission to assert or imply that you are or that your use of the animated illustration is connected with, or sponsored, endorsed, or granted official status by Lordicon.

9.1. Representations & Warranties. Lordicon represents and warrants that he has full power and authority to enter into these Terms and Conditions. The User represents and warrants that they have full power and authority to agree to these Terms and Conditions.

9.2. Limitation of liability. THE FOLLOWING LIMITATION OF LIABILITY APPLIES ONLY TO THE USER RUNNING A BUSINESS ACTIVITY (EXCEPT THE SOLE TRADER); IN OTHER CASES, THE RELEVANT PROVISIONS OF THE POLISH CIVIL CODE AND OTHER RELEVANT ACTS SHALL APPLY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, LORDICON MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LORDICON SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE ERROR-FREE, DISRUPTION-FREE OR INTERRUPTION-FREE NATURE OF LORDICON’S SERVICES. THE LORDICON PLATFORM IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. ANY USE BY YOU SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LORDICON BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR TORTS, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY DATA OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR ANY RELATED DOCUMENT OR THE USE OF OR INABILITY TO USE THE LORDICON PLATFORM, EVEN IF LORDICON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE ABOVE LIMITATION OF LIABILITY IS DEEMED INVALID BY THE COMPETENT COURT, THE TOTAL, CUMULATIVE LIABILITY OF LORDICON RESULTING FROM THESE TERMS AND CONDITIONS OR CONNECTED WITH IT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE RELEVANT LORDICON’S SERVICES. LIABILITY OF LORDICON IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW; IT MEANS THAT IT IS LIMITED ONLY TO DAMAGES CAUSED BY INTENTIONAL FAULT OF LORDICON.

9.3. Intellectual Property. As between Lordicon and the User, Lordicon (or others he so designates in writing) shall own all rights, titles and interests to use of Intellectual Property Rights (as defined below), relating to the Lordicon Platform (and any derivative works or enhancements thereof), including but not limited to, all software, technology, processes, materials, guidelines, documentation, relating in any way to the Lordicon Platform. For purposes of these Terms and Conditions, “Intellectual Property Rights” mean any and all rights existing under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as any and all applications, renewals, extensions, restorations and reinstatements thereof, now or hereafter in force and effect worldwide. The User shall not allow any third party to: (i) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any intellectual property in any way related to the Lordicon Platform or Lordicon; (ii) affix any unauthorized copyright notice, trademarks or other proprietary rights notices affixed to or provided as a part of any site, or any other technology, software, materials and documentation related to Lordicon Platform or Lordicon; (iii) transfer, sell, lease, lend, disclose, or use for co-branding without explicit written permission from Lordicon, any aspect of the Lordicon Platform under any timesharing, service bureau or other unauthorized method or access thereto; or (Iv) engage in any action or practice that reflects poorly on the Lordicon Platform or Lordicon, or otherwise disparages or devalues the reputation or goodwill of the same. All rights not expressly granted to the User herein are reserved to Lordicon and other entitled entities.

9.4. Confidentiality. The User agrees to safeguard and, except Lordicon’s written consent, not to disclose to anyone any proprietary or confidential information acquired in relation to the User’s access to the Lordicon Platform. Such information includes, without limitation, personal data, principles of operations of the Lordicon Platform, business plans, Users lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds (hereinafter referred to as “Confidential Information”). Notwithstanding the foregoing, the Confidential Information shall not include information or material that (i) is publicly available or becomes publicly available through no action or fault of the User, (ii) was already in the User’s possession or known to the User prior to being disclosed or provided to it by or on behalf of the other Party, provided that the source of such information or material was not bound by a contractual, legal or fiduciary obligation of confidentiality to Lordicon or any other party with respect thereto, (iii) was or is obtained by the User from a third party, provided that such third party was not bound by a contractual, legal or fiduciary obligation of confidentiality to Lordicon or any other party with respect to such information or material, or (iv) is independently developed by the User without reference to the Confidential Information.

9.4.1. The User shall not sell, transfer, publish, disclose, display, or otherwise make available any portion of the Confidential Information to others except as expressly provided for herein. The User agrees to secure and protect the Confidential Information in a manner consistent with the maintenance of Lordicon’s rights therein. The User shall use its best efforts to assist Lordicon in identifying and preventing any unauthorized access, use, copying, or disclosure of the Confidential Information, or any component thereof, or any of the algorithms or logic contained therein. Without limitation of the foregoing, the User shall advise Lordicon immediately in the event the User learns or has reason to believe that any person to whom the User has given access to Confidential Information, has violated or intends to violate the confidentiality of the Confidential Information or any other proprietary rights of Lordicon, and the User shall cooperate with Lordicon in seeking injunctive or other equitable relief against any such person. The User agrees to maintain the confidentiality of Lordicon’s Confidential Information using at least as great a degree of care as the User uses to maintain the confidentiality of the User’s own most confidential information (and in no event less than a reasonable degree of care). The User acknowledges that the disclosure of any aspect of the Confidential Information or any information which, at law or equity ought to remain confidential, will immediately give rise to continuing irreparable injury to Lordicon inadequately compensable in damages at law, and Lordicon is entitled to seek and obtain immediate injunctive relief against the breach or threatened breach of any of the foregoing confidentiality undertakings, in addition to any other legal remedies which may be available.

9.4.2. The disclosure of the Confidential Information is not a breach of these Terms and Conditions if it was made because of the demand of common courts, administrative courts, public authorities due to the obligation stipulated by the provisions of applicable law and the User notifies Lordicon immediately about this obligation and in any case before the disclosure and discloses the Confidential Information only in the least possible extent.

9.4.3. The User is obliged to keep confidentiality of the Confidential Information during the Term of the Agreement and for 20 (twenty) years after its termination. Lordicon may immediately ban the User’s Account and terminate all rights including license ones granted herein, in the event the User breaches any of its confidentiality obligations.

9.5. Modifications. Lordicon has the right to change the Terms and Conditions binding the User. With regard to the Consumers and the Sole traders who have the Account on the Lordicon Platform, Lordicon can change the Terms and Conditions in the event of meeting a valid reason set out below and only to the extent set out therein, namely for the purpose of:

• introducing changes of a non-substantive nature, i.e. solely editorial (including stylistic, grammatical and numbering corrections, correcting obvious mistakes) or systematizing (for the purpose of improving the readability and understanding of the document);
• adapting the provisions of the Terms and Conditions to legal provisions or to changes in legal provisions which relate to or affect providing the Services as well as including a purchase of icons or animated illustrations (e.g. changes in VAT rates, if applicable);
• adapting the Terms and Conditions to the best practices regarding the provision of the Services, including the best practices in the protection of the Users' rights;
• adapting the Terms and Conditions to a recommendation, interpretation, ruling, resolution or decision of a public authority or a court ruling concerning or affecting the provision of the Services;
• updating data of Lordicon indicated in the Terms and Conditions;
• changing technical requirements regarding the use of the Services;
• introducing additional regulations in the content of the Terms and Conditions regarding new functionalities in the Services which may be used by the User, if there is a need for additional regulation;
• introducing new Services or changing the scope of the Services provided by Lordicon;
• changing the payment methods or the procedure for submitting the orders regarding the Purchase agreements specified in the Terms and Conditions;
• introducing payment for the provision of the Services.

9.5.1. In relation to the Users who are not Consumers or the Sole traders and have the Account on the Lordicon Platform, Lordicon may also change the Terms and Conditions for reasons other than those listed in point 9.5.

9.5.2. In each case of changes to the Terms and Conditions, Lordicon will inform the User about it by sending information to the email address provided by the User at least 30 (thirty) days before the changes to the Terms and Conditions enter into force. The notification will include the content of the changes and the consolidated text of the Terms and Conditions in a form that allows for its storage and reproduction in the ordinary course of activities. The provisions of the Terms and Conditions in force at the time of concluding a given Purchase agreement shall apply to the Purchase agreements concluded before the indicated changes enter into force.

9.5.3. The User may terminate the Agreement until the day preceding the entry into force of the changes to the Terms and Conditions, which is tantamount to submitting a request to delete the Account. If the Agreement is not terminated in accordance with the above, the User declares that they accept the changes to the Terms and Conditions.

9.5.4. The User who does not agree to the content of the changes and the new wording of the Terms and Conditions is bound by the existing regulations or provisions that have been accepted by them until the expiry of the Purchase agreement concluded for a specific period.

9.6. Indemnification. The User running a business activity (except the Sole trader) shall indemnify, defend, and hold harmless Lordicon (including the Lordicon Parties) from and against all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, reasonable attorney fees, accounting fees, and expert witness fees) incurred by Lordicon, known or unknown, contingent or otherwise, directly or indirectly arising from the User’s breach of any term or provision of these Terms and Conditions or any way related to the User’s use of the Lordicon Platform, including but not limited to any claim for infringement of the Intellectual Property Rights of a third party. Lordicon shall notify that User of any such claim and shall cooperate with the User, at its expense, in defending or settling such claim. The User shall not settle any such claim in a manner that imposes any non-indemnified costs or otherwise adversely affects Lordicon’s rights without Lordicon’s prior written consent. The User may join in defense with counsel of its choice at its own expense. If the User does not assume the defense of any such claim within thirty (30) days after the date notice of such claim is given, Lordicon may defend against such claim in such manner as it may deem appropriate at the User’s expense, including, without limitation, settling such claim, after giving notice to the User.

9.7. The right to withdrawal. The User who is the Consumer or the Sole trader has the right to withdraw from the Agreement or Purchase agreement concluded directly with Lordicon, without giving reasons, within 14 (fourteen) days from the date of concluding the relevant agreement unless they have not demanded that the Services shall be made available before the expiry of the withdrawal period. In the event of consent to the Services being available before the expiry of the withdrawal period, the User can obtain an icon or animated illustration prior to the lapse of a 14-day period from the date of making it available. However, it means that the User loses the right to withdraw from the relevant agreement (about that the User is informed before consent to making the Services available before the expiry of the withdrawal period).

9.7.1. The User can withdraw from the Agreement by using the model withdrawal form set out in Annex 1 to these Terms and Conditions. To meet the deadline for withdrawal from the Agreement specified in point 9.7 above, it is sufficient to send information on the exercise of the User's right to withdrawal from the Agreement before the expiry of this period.

9.7.2. The User can withdraw from the Agreement electronically, by sending information about the withdrawal from the User’s email address registered by Lordicon along with the User’s login to the address hi@lordicon.com or by sending information about the withdrawal to the address of Lordicon’s registered office.

9.7.3. If Lordicon receives a valid declaration of withdrawal from the Agreement or Purchase agreement concluded directly with Lordicon by the User, he will accordingly delete the User’s Account or proportionally refund payments already made by the User (if applicable) in any case within no more than 14 (fourteen) days.

9.7.4. The User who has withdrawn from the Agreement in accordance with the above provisions is obliged to stop using the Services.

9.8. Complaints. In the event that the User believes that the Agreement is not being performed in accordance with the provisions of the Terms and Conditions, they may submit a complaint to Lordicon in the term of 30 (thirty) days from noticing the breach of the Agreement by Lordicon. The complaint should contain the objections to the Services along with an explanation, login and email address assigned to the Account of the User submitting the complaint and a proposed method of settling the complaint. All complaints will be handled within a reasonable timeframe, not exceeding 30 (thirty) days. The notices and complaints of the User can be sent by email to: hi@lordicon.com. Information on the acceptance or rejection of the complaint along with its justification is sent to the User electronically to the email address provided by them during registration.

9.8.1. In the event of refusal to settle the complaint in accordance with the method proposed by the User or failure to handle the complaint within 30 (thirty) days from the date of its receipt by Lordicon, the User has the right to pursue claims through court proceedings.

9.8.2. The Consumer at any time during the complaint procedure before Lordicon can request for the issue being the subject of the complaint procedure to be resolved by a third party and for this purpose: (i) apply to the mediator or institutions before which the mediation proceedings will take place with a request to conduct mediation, or (ii) apply to the institution before which the arbitration proceedings will take place with a request for consideration of the case by the arbitration court, or (iii) seek help from the appropriate municipal or county consumer advocate.

9.8.3. For the avoidance of any doubt, the instruction included in paragraph 9.8.2. above does not constitute an arbitration clause or an automatic consent of Lordicon to participate in mediation or arbitration proceedings.

9.9. Personal data. Lordicon is the controller of the User’s personal data.

9.9.1. By accepting the Terms and Conditions, the User may in particular consent to Lordicon providing them with commercial information via electronic means of communication in accordance with the Act of 18th July 2002 on Electronic Provision of Services and with the Act of 10th May 2018 on Personal Data Protection, as well as with the General Data Protection Regulation.

9.9.2. Lordicon ensures the protection of the Users’ personal data provided by them in connection with creating the Account on the Platform and the use of his Services in accordance with applicable law. Detailed information on the processing of the User’s personal data can be found in the Privacy Policy available on: https://lordicon.com/privacy-policy.

10.1. Governing Law. The Terms and Conditions shall be governed by and construed in accordance with the laws of Poland, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and Conditions.

10.2. Jurisdiction and Venue. With regard to the User running a business activity (except the Sole trader) any litigation based hereon, or arising out of, under, or in connection with these Terms and Conditions, shall be brought and maintained exclusively in the court competent for Lordicon’s business address. The Parties hereto hereby expressly and irrevocably submit to the jurisdiction of the aforementioned court for the purpose of any such litigation as set forth above. In addition, each Party irrevocably and unconditionally waives application of the procedures for service of process pursuant to the Hague Convention for Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. The Parties hereto hereby expressly and irrevocably waive, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue of any such litigation brought in any such court referred to above and any claim that any such litigation has been brought in an inconvenient forum.

10.2.1. With regard to the User that is the Consumer or the Sole trader any litigation based hereon, or arising out of, under or in connection with these Terms and Conditions, shall be brought and maintained in the court competent according to provisions of the Polish Code of Civil Procedure.

10.2.2. Lordicon hereby informs the Users who are Consumers about the possibility of using the European ODR platform, facilitating the independent, impartial, transparent, effective, fast and fair out-of-court settlement of disputes between the Consumers and entrepreneurs via the Internet. The ODR platform is available at: http://ec.europa.eu/odr.

10.3. Waiver of Jury Trial. Each of the Parties hereto hereby waives, to the fullest extent permitted by applicable law, any right to a trial by jury in any action or proceeding to enforce or defend any rights under these Terms and Conditions and any amendment, instrument, document or agreement delivered or which may in the future be delivered in connection herewith or therewith, and agrees that any such action or proceeding shall be tried before a court and not before a jury.

10.4. No Third-Party Beneficiaries. These Terms and Conditions are made solely for the benefit of the Users and Lordicon and their respective successors and assigns, and no other person or entity shall have or acquire any right by virtue of these Terms and Conditions.

10.5. Assignment. Any User may not delegate any of its duties under these Terms and Conditions or additional agreements (if concluded with Lordicon) without the prior written consent of Lordicon. The User running a business activity (except the Sole Trader) may also not assign any of its rights under these Terms and Conditions or additional agreements (if concluded with Lordicon) without the prior written consent of Lordicon. Despite such consent, no assignment shall release the assignor from any of its obligations or alter any of its primary obligations to be performed under these Terms and Conditions. The User hereby agrees that Lordicon is entitled to assign any of its rights and obligations under these Terms and Conditions and additional agreements (if concluded with the User) to any third party and at any time without separate consent of the User.

10.6. Successors and Assigns. Except as otherwise expressly provided herein, these Terms and Conditions shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the Parties to the Terms and Conditions.

10.7. Independent Contractor. The relationship of the User and Lordicon established by these Terms and Conditions is that of independent contractors, and neither Party is an employee, agent, partner or joint venturer of the other.

10.8. Force Majeure. Neither Party shall be deemed in default of the Terms and Conditions to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of an event of force majeure. An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of the Party affected and which by the exercise of reasonable diligence the Party affected was unable to prevent i.e. riot, war, invasion, act of foreign enemies, hostilities, terrorism, strikes, flood, fire or other physical natural disasters, epidemic, act or actions of government or shortage of materials or supplies.

10.9. No Waiver. Either Party’s failure to insist on or enforce performance of any of the Terms will not be construed as a waiver of any provision or right.

10.10. Entire Agreement. Except as may be set forth in a written agreement signed by Lordicon and the User, these Terms and Conditions constitute the final, complete, and exclusive statement of the terms of the use of the Lordicon Platform between the Parties and supersedes all prior and contemporaneous understandings or agreements of the Parties.

10.11. Severability. If any provision of the Terms and Conditions is found to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. Notwithstanding the foregoing, if such provision could be more narrowly drawn so as not to be invalid, prohibited or unenforceable it shall be so narrowly drawn, without invalidating the remaining provisions of the Terms and Conditions or affecting the validity or enforceability of such provision.

10.12. Attorney’s Fees. If Lordicon prevails in any action, suit, or proceeding arising from or based upon the Terms and Conditions, Lordicon shall be entitled to recover from the User running a business activity (except the Sole Trader) Lordicon’s reasonable attorneys’ fees in connection therewith in addition to the costs of such action, suit, or proceeding.

10.13. Headings. The headings in the Terms and Conditions are included for convenience only and shall neither affect the construction or interpretation of any provision herein nor affect any of the rights or obligations of the Parties of the Terms and Conditions.

10.14. Notices. Any notice, communication or statement relating to Terms and Conditions shall be done by an email unless the written form is reserved in these Terms and Conditions. The notice is deemed effective upon delivery to one of the addresses (a physical address or an email address) included in the contact data of the respective Party as indicated herein or in the User’s Account. In the event of non-material changes to the Terms and Conditions (e.g. editorial changes, correction of obvious typographical errors), notice shall be deemed effective upon posting at the Lordicon Platform. In the event of material changes to the Terms and Conditions (i.e. affecting the rights and obligations of the Parties), notice shall be effective upon delivery to the email address last provided by the User.

10.15. Survival. Sections Representations & Warranties, Intellectual Property, Confidentiality, Indemnification, Miscellaneous and Final provisions and any other obligations which expressly or by their nature are to continue after termination, cancellation, or expiration of these Terms and Conditions shall survive and remain in effect after such happening.

10.16. Interpretation. Each Party acknowledges and agrees that it has had the opportunity to seek the advice of independent legal counsel and has read and understood all of the provisions of these Terms and Conditions. These Terms and Conditions shall not be construed against either Party by reason of its drafting.

11.1. Availability of T&Cs. The Terms and Conditions are available free of charge on the Platform. The User can read the content of the Terms and Conditions, print, record and reproduce them by any technique in order to store and read their content.

11.2. No remuneration. If you provide Lordicon with feedback or suggestions regarding the Services or any part of Lordicon Platform, Lordicon may use that feedback to upgrade the Services or the Lordicon Platform accordingly; in such case you will not be entitled to any remuneration, compensation or credits.

11.3. Applicable regulations. To all matters not covered by these Terms and Conditions provisions of law generally applicable in the Republic of Poland shall apply, including in particular the provisions of the Act of 4th February 1994 on Copyright and Related Rights, the Act on 18th July 2002 on Providing Services by Electronic Means, the Consumers Rights Act of 30th May 2014 and the Act of 23rd April 1964 – the Civil Code.

11.4. Rights of Consumers and Sole traders. The provisions of the Terms and Conditions do not infringe the rights of the Consumer and the Sole trader resulting from applicable law, which applies first, before the provisions of the Terms and Conditions. If any provision of these Terms and Conditions is contrary to the statutory rights of the Consumer or the Sole trader, such provision cannot be interpreted in a way that violates these rights.

Last Edited on 2022-07-06

Annex no. 1 to the Terms and Conditions – the model withdrawal from the agreement

(this form should be filled in and returned only if one wishes to withdraw from the Agreement or Purchase agreement concluded directly with Lordicon,)

Addressee:……….……………………………………..……….……………………………………

email address: ……….……………………………………..……….……………………………………...

I hereby inform about my withdrawal from the agreement concluded via the Lordicon Platform available at: http://www.lordicon.com with Lordicon Sp. z o.o. (limited liability company) with its registered office at ul. Podwale 62/313, 50-010 Wrocław, Poland, incorporated under the laws of Poland and registered in the companies register of the National Court Register held by District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of National Court Register (Sąd Rejonowy dla Wrocławia-Fabrycznej we Wrocławiu, VI Wydział Gospodarczy KRS) under (KRS) no. 0000975713, having EU VAT ID: PL8992927559 and the share capital in the amount of 40 000 PLN

Date of the agreement: ……….……………………………………..……….……………………………………..

The subject of the agreement ……….……………………………………..……….……………………………………..

The email address and login of the Consumer/the Sole Trader: ……….……………………………………..

The address of the Consumer/the Sole Trader: ……….……………………………………..……….……………………………………..

Signature of the Consumer/the Sole Trader: ……….……………………………………..……….……………………………………..

Date: ……….……………………………………..……….……………………………………..