The following license terms (“License Terms”) govern the grant of rights to all designs, photos, fonts, illustrations and other content on the Dwitle Platform.
If you as a user of the Dwitle Platform (“User”) want to upload any content to the Dwitle Platform or download any content from the Dwitle Platform, you must agree to be bound by the terms of this License Terms (which, for the avoidance of doubt, also apply retroactively to all User’s actions on the Dwitle Platform prior to these License Terms taking effect).
1. RIGHTS TO USE DESIGNS
Unless otherwise explicitly provided in these License Terms, all rights to photos, designs, fonts, or illustration templates on the Dwitle Platform (“Dwitle Designs”) are – in the relationship between the User and Dwitle – owned by Dwitle or its licensors.
Dwitle grants the User for the time of the User’s Subscription plan a non-exclusive, worldwide, non-transferable and non-sublicensable right to use
You are allowed to use Designs in the following ways:
Projects commissioned by third parties means any creation or use of Designs by the User for another person – for example, his/her client, employer, or contractor
There is no limit to the number of how many times the Designs may be used
The User may use Designs for all kinds of merchandise, such as t-shirts, posters, mugs etc. including print-on-demand products with no limit of quantity
Digital end products means products like an e-book, digital magazine, digital calendar, and printables that contains Design(s) as part of the product (this does not include any use as stock material for re-use by third parties)
This includes sharing, selling, distributing, or making Designs available for download on platforms that compete with the Dwitle Platform including image stock platforms, digital marketplaces, or cloud-based design software
This includes the registration of Designs as such and/or using (parts of) a Design as or for trade-marks, design-marks, trade-names, service or other marks
This includes the obligation to notify the Dwitle community that Designs were generated with AI features
If the User creates and uses Designs under the Free Version (as defined in the Terms of Use) for commercial purposes, the User acknowledges and agrees that the Designs are labelled with the attribution “provided by Dwitle” whenever the Designs are used.
2. GRANT OF RIGHTS TO USER UPLOADS
If a User uploads his/her own photos, designs, fonts, illustrations or other content on the Dwitle Platform (“User Uploads”), the User grants Dwitle a non-exclusive, worldwide, revocable, royalty-free, sublicensable and transferable right to use and exploit the User Uploads for the time of the User’s Subscription plan as part of or in connection with the provision of the Dwitle Platform and its service offerings to the User (including hosting, making available to the public, duplication, distribution, display and reproduction). This will allow Dwitle to process external upload data on their servers so that a user can use these for any new designs.
3. PUBLISHING USER GENERATED DESIGNS
If and to the extent that a User publishes User Generated Designs on the Dwitle Platform, all rights in such User Generated Designs shall immediately vest in and belong solely and entirely to Dwitle. In order to complete such ownership by Dwitle, Dwitle and the User agree that the User herewith assigns and transfers to Dwitle any and all rights in the User Generated Designs to the extent (co-)owned by the User. Dwitle hereby accepts such assignment and transfer. To the extent such assignment and transfer of rights is legally not possible, the User grants to Dwitle an exclusive, worldwide, perpetual, irrevocable, royalty-free, locally and substantially unlimited, transferable, sub-licensable and fully paid-up right to use and exploit the User Generated Designs in its original or in any modified form and in any known and – as of the date of the User’s acceptance of these Licence Terms – unknown way.
The rights of use granted in this Section 3 include in particular, but are not limited to, the right to copy, reproduce, edit, modify, publicly perform, exhibit, publicize, publish, disseminate, advertise and use in the training of artificial intelligence models as well as in advertisements for any purposes or otherwise exploit the User Generated Designs in any manner and by any means, methods, processes or devices now known or hereafter conceived, devised or created and in any form, including, without limitation, print media, films, radio and/or digital media, databases and electronic carrier media, public and non-public networks, including the internet, intranet, extranet, mobile data networks or through any other (interactive) download or access systems, including the right to feed in and store in such systems.
