Terms & Conditions

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.

• ”Guest User” is the User of the Lordicon’s Services who is granted the permission that allows viewing and downloading icons only from a given collection made available to them by the User with a PRO license.

• “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/.

• “Purchase agreement” means a purchase agreement of subscription 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 with consumer rights” 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.

• “Team” means a team created by the User under a subscribed Team PRO license..

• “Team member” is the User of the Lordicon’s Services who is granted the sublicense as a result of their participation in the Team.

• “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 and the Account. 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. To use the icon subscription, the User must create the Account. 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.

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 potential uses of icons in general and the different ways to incorporate them into a website), to receive the newsletter, integrate the API and purchase a subscription plan.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, Mozilla Firefox, Google Chrome, Safari in its latest updated version,
• (v) Javascript enabled.

Please note that if you use older browser versions, 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 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, scripts). 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 reserves the right to introduce necessary technical breaks in access to the Platform about which the User will be notified on their email address. If the technical conditions of using the Platform change, the User will have to adapt to these new conditions, otherwise the Platform may not work properly, including some of its functions may be completely unavailable (e.g. displaying icons hosted on the Lordicon’s or User’s servers or using scripts on the User’s website may not work without additional User’s action). We will inform you if your additional actions are demanded after the update of the Platform.

3.2.8. Lordicon suggests hosting icons and scripts (i.e. player available here: https://lordicon.com/docs/web) on the User's server. The Embed HTML integration may not ensure a seamless display of icons. It's suitable for products where performance and loading process control are not critical. However, even with the greatest care, Lordicon cannot guarantee that hosting icons via Embed HTML will always run without interruptions, as it depends on third-party cloud services.

3.2.9. Lordicon recommends using two-factor authentication (2FA) provided by Lordicon to better secure your Account against unauthorized access by third parties. 2FA is the User identity verification method that requires two separate, distinct forms of identification in order to access the Account on Lordicon Platform.

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

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

3.2.12 The API access and license is granted based on the accepted terms outlined in the Lordicon API Terms and License (detailed here: https://lordicon.com/license-api ).

3.3. Account Access. During the Term, Lordicon grants the User a non-exclusive, non-assignable, and non-transferable right to use the Lordicon Platform on the conditions set forth herein.

3.3.1. Before the Account is created, the User is obliged to state their email address and password in the registration form. The User may also provide their name, surname and avatar. When concluding the Purchase Agreement, the User shall provide all other demanded data including their address of residence (if the Consumer) or company/business name (with legal form), an address of the registered office or business address and TAX/VAT ID (if running a business activity). 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.

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 with consumer rights). 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 with consumer rights), 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 with consumer rights has the right to withdraw from the Agreement or Purchase agreement concluded directly with Lordicon according to point 7.7. of the Terms and Conditions if they have not demanded that the Services or digital content shall be made available before the expiry of the withdrawal period. The purchased subscription is valid for the duration specified at the time of concluding Purchase Agreement and will automatically renew as long as your credit card remains active.

Downloaded or embedded icons can be used indefinitely. Renewing a paid subscription ensures continued access to the Lordicon Library and its features.

3.4.1. The Purchase Agreement expires accordingly after the end of that relevant plan if it was terminated at least on the last day of the subscription. The User can terminate the Purchase agreement directly from their 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.

3.4.2. If the User purchases a different plan during a subscription period, the plan changes automatically. In case of surplus, the User’s funds are applied towards future transactions. However, when the value of the purchased plan is higher than the current one, it results in a reduction of the higher subscription's value by a specified amount.

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 purchased subscription.. The User may wish to delete the Account by informing Lordicon about it electronically.

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 with consumer rights), 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.

** 3.7. Referral Program.** The User may participate in Lordicon’s referral program under the terms provided on the specific subpage/s. Joining the program constitutes acceptance of such terms.

3.7.1 Within Referral Program Lordicon provides the User with a unique referral link that can be shared with others. If a new User creates the Account on Lordicon's Platform using that link and purchases a subscription plan within a period specified by Lordicon the referring User will receive a reward.

3.7.2 Selling, sharing, or assigning the Account to another person or entity is strictly prohibited in general and particularly Accounts containing referral rewards. Additionally, referral rewards cannot be transferred between Accounts. If the User wishes to change the email address used to log in to the Account (not just the contact details), all earned rewards will be forfeited. A violation of these provisions constitutes a material breach of the Agreement and may result in immediate termination of the Agreement by Lordicon without notice.

**3.7.3. Lordicon reserves the right, in its discretion, to change, terminate or modify all or any part of the Program and its conditions at any time. Changes will not apply retroactively and will become effective not sooner than 14 days after they are posted. Continued participation in the Referral Program after such notice constitutes User’s binding acceptance of the terms and conditions posted on the specific subpage, including any changes or modifications made 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 resources Within the created Account, the User has access to Lordicon’s free resources. The primary free resources available include a selection of icons. Lordicon determines the number of free icons available and may modify this selection at any time at its sole discretion. These icons can be exported in various formats and customized; however, some library features may be limited due to free access restrictions.

4.2 Subscriptions Resources not covered under section 4.1 are accessible only after purchasing the chosen subscription plan. Details of each subscription plan’s conditions and pricing are available at: https://lordicon.com/pricing. Purchased subscription is a binding agreement for a specified period, subject to the terms of the selected plan. It cannot be canceled before the subscription term ends, except for important reasons or as stated in these Terms and Conditions.

4.2.1 If a trial version of a particular license is offered, the User may download icons under that license for the duration of the trial. Upon the expiration of the trial period, the User shall be required to purchase the license to maintain access to the Platform's paid resources (no automatic subscription renewal).

4.3. Licenses.** The use of icons (both free and paid ones) is subject to the terms of the specific license. Available licenses that may be granted to the User under a given subscription and their conditions are described in the separate License document (detailed here: https://lordicon.com/license) that constitutes an integral part of these Terms and Conditions.

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

5.1. Icons. The User can purchase a subscription to use icons via the Lordicon Platform using Paddle's services or directly from Lordicon. In order to do that, the User shall conclude Purchase Agreement. The User may choose the kind and duration of the subscription along with its price at: https://lordicon.com/pricing.

5.2. Prices. Prices indicated in Lordicon’s Platform 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 through Paddle.

5.3. 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.

5.3.1. 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.

5.3.2. 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.

5.4. Taxes and Withholding. The User running a business activity (except the Sole trader with consumer rights), 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.

6.1. Prohibited activities. The User shall not:

• (i) 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.
• (ii) 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.
• (iii) provide or attempt to provide unlawful content via the Lordicon’s Platform.

6.1.1. The User is prohibited to use icons 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 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) Contrary to social norms, good manners, and generally accepted principles of conduct, or is offensive, disruptive, or harmful to others.
• (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.
• (vii) Incite to commit a prohibited act, crime (offense) or violation of the rights of other people.

6.2. 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 with consumer rights 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.

7.1. 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.

7.2. Limitation of liability. THE FOLLOWING LIMITATION OF LIABILITY APPLIES ONLY TO THE USER RUNNING A BUSINESS ACTIVITY (EXCEPT THE SOLE TRADER WITH CONSUMER RIGHTS); 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 (INCLUDING DISPLAYING ICONS HOSTED ON LORDICON’S SERVER). 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.

7.3. Intellectual Property. As between Lordicon and the User, Lordicon (or others it so designates in writing) shall own all rights, titles and interests to use 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.
• (iv) Engage in any activity or conduct that negatively impacts the Lordicon Platform or Lordicon, or harms its reputation, goodwill, or public image.

All rights not expressly granted to the User herein are reserved to Lordicon and other entitled entities.

7.4. 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.
• (iv) is independently developed by the User without reference to the Confidential Information.

7.4.1. 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.

7.4.2. 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.

7.4.3. 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.

7.5. Modifications. Lordicon has the right to change the Terms and Conditions binding the User. With regard to the Consumers and the Sole traders with consumer rights, , 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:

• (i) 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).
• (ii) 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 (e.g. changes in VAT rates, if applicable).
• (iii) 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.
• (iv) 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.
• (v) updating data of Lordicon indicated in the Terms and Conditions.
• (vi) changing technical requirements regarding the use of the Services.
• (vii) 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.
• (viii) introducing new Services and licenses or changing the scope and conditions of the Services and licenses provided by Lordicon.
• (ix) changing the payment methods or the procedure for submitting the orders regarding the Purchase agreements specified in the Terms and Conditions.
• (x) introducing payment for the provision of the Services.

7.5.1. In relation to the Users who are not Consumers or the Sole traders with consumer rights and have the Account on the Lordicon Platform, Lordicon may also change the Terms and Conditions for reasons other than those listed in point 7.5.

7.5.2. Lordicon is entitled to modify the Terms and Conditions or pricing at any time in its sole discretion and pursuant to applicable law. Amended versions of the Terms and Conditions or new pricing shall be effective upon providing the User with a notice of at least 2 (two) weeks. Modifications to pricing come into force at the beginning of the next billing period. Your continued use of the Lordicon Platform after the effective date of any such notice shall constitute your acceptance of and agreement to such changes. If the User does not wish to be bound to new Terms and Conditions, they must terminate the Agreement at least one day before the effective date of new provisions by an email notice or by deleting their Account.

7.5.3 If due to the change of the Terms and Conditions, its provisions come into force during the notice period, the previous content of the Terms and Conditions shall prevail with respect to the parties’ relations.

.7.5.4. In the event of a change, the new license terms for using previously downloaded icons apply to each User regardless of acceptance of the amended Terms and Conditions.

7.6. Indemnification. The User running a business activity (except the Sole trader with consumer rights) 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.

7.7. The right to withdrawal. The User who is the Consumer or the Sole trader with consumer rights 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 or digital content shall be made available before the expiry of the withdrawal period and the Service has been fully performed or digital content has been already provided. In the event of consent to the Services or digital content being available before the expiry of the withdrawal period, the User can obtain an icon 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 agreeing to the provision of Services prior to the end of the withdrawal period) and the User accepts it. Confirmation of such resignation from the right of withdrawal will be sent electronically by Lordicon on the User’s email address

7.7.1. The User can withdraw from the Agreement by using the model withdrawal form set out in Annex 1 to these Terms and Conditions (the same is contained in Annex 2 to the Polish Act on Consumer Right) but it is not mandatory. To meet the deadline for withdrawal from the Agreement specified in point 7.7 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.

7.7.2. 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.

7.7.3. If Lordicon receives a valid declaration of withdrawal from the Agreement or Purchase agreement concluded through Paddle by the User, Lordicon will accordingly delete the User’s Account or initiate proportionally refund of payments already made by the User (if applicable) in any case within no more than 14 (fourteen) days. If the withdrawal is effective Lordicon initiates refunds immediately, and in any case not later than 14 days from the date on which it was informed about the decision to exercise the right to withdraw from the Purchase agreement. However the User will be obliged to pay for the time of using the subscription despite the request to perform the Purchase agreement before the deadline for withdrawal. The refund will be made using the same payment methods that were used by the User in the original transaction. Please note that Lordicon is only able to initiate a refund and Paddle is liable for refunding a payment. In any case, the User will not incur any fees in connection with the form of payment refund.

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

7.8. 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 14 (fourteen) 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.

7.8.1. 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 14 (fourteen) days from the date of its receipt by Lordicon, the User has the right to pursue claims through court proceedings.

7.8.2. 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.

7.8.3. For the avoidance of any doubt, the instruction included in paragraph 7.8.2. above does not constitute an arbitration clause or an automatic consent of Lordicon to participate in mediation or arbitration proceedings.

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

8.1. If the User registers the Account or other person agrees to receive information from Lordicon, Lordicon also provides the Service of sending a newsletter. Lordicon makes available these Terms and Conditions before signing up for the newsletter, in such a way that it can be downloaded, saved or printed.

8.2. In order to start providing the newsletter Service, the User or other person provides their email address, agrees to the processing of the above data in order to receive the newsletter and clicks the "Subscribe" button. By clicking the “Subscribe” button, the User or other person declares at the same time that they have read the Terms and Conditions and the privacy policy and accept the provisions contained therein.

8.3. The User or other person shall confirm the subscription to the newsletter by clicking on the activation link that Lordicon will send to their email address. Confirmation of the subscription will result in adding the subscriber to the list of subscribers’ database and starting the provision of the newsletter Service.

8.4. The newsletter Service is provided for an indefinite period and may be terminated at any time by either Party. The User’s or other person’s unsubscribing from the list of subscribers means withdrawal of consent to the sending of commercial information and results in the automatic termination of that Service. However, Lordicon may stop sending the newsletter for any reason at its sole discretion.

8.5. Lordicon may also change the subject of the newsletter or the frequency of publishing the newsletter at any time.

8.6. The remaining provisions of the Terms and Conditions shall apply to the newsletter service. In particular, subscribing to this Service is possible provided that the subscriber meets the technical requirements set out in the section 3.2. above.

8.7. If the subscription to the newsletter is directly related to the delivery of free digital content, a person who does not want to consent to the processing of their personal data in order to use the newsletter Service, but wants to receive the given digital content, has the option of concluding an agreement for delivery of digital content, under which it will be obliged to pay the price for this content. For this purpose, please contact Lordicon at the email address: hi@lordicon.com.

9.1. These provisions govern the rules for adding, publishing and verifying opinions regarding digital content or services offered by Lordicon, posted on the Platform, other websites or on Lordicon’s social media accounts.

9.2. Lordicon places opinions or fragments of opinions of persons after prior verification whether the person is the Platform User or has used the given digital content or Services.

9.3. If it is possible to post opinions on a given social networking site used by Lordicon, all opinions, both positive and negative, are published. The indicated opinions are not subject to verification by the owners of social networking sites, but are subject to subsequent verification by Lordicon.

9.4. For the verification referred to in point 9.2 and 9.3 above, Lordicon shall determine the compliance of the data of the person who issued the opinion with the register of User’s data (including the compliance of the name, surname and email address), or of persons who used the digital content or Services.

9.5. In the event that the Lordicon determines that the person issuing the opinion is not its User or has not used the digital content or Services, it will ask that person for proof that he/she purchased the digital content or Service from Lordicon, and in the absence of such proof, remove the opinion or contact the appropriate entity for this purpose.

9.6. Lordicon may also remove or modify the opinion (or request such modification from the appropriate entity) if the opinion:

• (i) is untrue or misleading or contains untrue statements of facts.
• (ii) infringes or limits the rights of third parties, and in particular infringes copyrights, trademarks, other intellectual property rights or the right to the image, as well as the obligation of confidentiality.
• (iii) is against the law, decency, in particular is offensive, contains threats, is defamatory, contains or incites to hate speech, discriminates, or slanders; -(iv) contains embedded links to external websites, email addresses, website addresses, messenger numbers, product prices.
• (v) is reproduced or duplicated by a person;
• (vi) requires removal due to a cease and desist order against a third party;
• (vii) concerns digital content or Services that are no longer available.

9.7. Published opinions are not sponsored and are independent of the contractual relationship between the User and Lordicon.

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 with consumer rights) 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 registered seat. 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 with consumer rights 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. 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 with consumer rights) 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.

10.4. 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. The above does not relieve the User of their payment obligation in the event that Services are provided.

10.5. 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.

10.6. 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 with consumer rights) Lordicon’s reasonable attorneys’ fees in connection therewith in addition to the costs of such action, suit, or proceeding.

10.7. 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 unless otherwise stated herein.

10.7.1. The notices and complaints of the User can be sent to the following addresses: Lordicon Sp. z o.o. (limited liability company) with its registered office at ul. Podwale 62/313, 50-010 Wrocław, Poland or by e-mail at: hi@lordicon.com. Lordicon’s phone number is as follows: +48733927559.

10.8. 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.

10.9. 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.

10.10. Rights of Consumers and Sole traders with consumer rights. The provisions of the Terms and Conditions do not infringe the rights of the Consumer and the Sole trader with consumer rights 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 with consumer rights, such provision cannot be interpreted in a way that violates these rights.

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)

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

Terms of Service - July 6, 2022