Terms and Conditions

Welcome to Weebing! We provide a website (Site) where you can discover and download high-quality premium design resources from thousands of independent designers (Designs).

In these terms and conditions (Terms), when we say you or your, we mean both you and, if applicable, any entity you are authorized to represent (such as your employer). When we say we, us, or our, we mean Weebing.

These Terms constitute our contract with you and outline our responsibilities as a service provider and your obligations as a customer. You cannot purchase or download any Designs from our Site unless you agree to these Terms. If you are an artist uploading designs to our Site, separate terms and conditions will apply to you, available here.

Certain capitalized words in these Terms have defined meanings, and each time that word is used in these Terms, it carries the same meaning. You can find a list of the defined words and their meanings at the end of these Terms or throughout these Terms.

For inquiries about these Terms or to reach out to us, please use the details below:

Our contact details:

Email address: conatct@weebing.com

These Terms were last updated on 23rd December 2023.

1. Use of the Site

You accept these Terms by either placing an order via the Site or signing up for an Account. To use the Site or place an order for any Design license through the Site, you must be at least 18 years old.

While using the Site, you must refrain from engaging in any unlawful or inappropriate activities, including:

1. Violating our Community Guidelines.
2. Engaging in actions that would breach an individual’s privacy, such as uploading private or personal data without their consent, or infringing on any other legal rights.
3. Using the Site to defame, harass, threaten, menace, or offend any person.
4. Employing the Site for unlawful purposes.
5. Interfering with any user of the Site.
6. Tampering with or modifying the Site, which includes transmitting viruses and using trojan horses.
7. Utilizing the Site to send unsolicited electronic messages.
8. Employing data mining, robots, screen scraping, or similar data gathering and extraction tools on the Site.
9. Facilitating or assisting a third party in carrying out any of the above acts.

All personal data provided to us will be treated following our privacy policy.

2. Accounts

You have the option to purchase Design licenses from us without creating an account. Alternatively, you can choose to create an account, offering the benefits of signing up for a membership, reviewing your order history, and downloading Design Files for previously ordered licenses. Account registration is also possible using your Facebook, Google, or other social media network account (Social Media Account). By signing in with your Social Media Account, you authorize us to access basic contact information, including your name.

When creating an account, it is essential to provide accurate and up-to-date personal data. Maintaining the confidentiality of your account details is your responsibility. You are accountable for all activities on your account, including purchases made using your account details, whether by your staff or otherwise.

We reserve the right to suspend your access to your account if there is a reasonable belief of unauthorized access or use of our Site, such as the unauthorized sharing of login details. In such cases, access to your Membership will be terminated if you have an active Membership.

3. Ad-Hoc Orders

You have the option to license Designs from us without a membership, following the terms outlined on the Site.

When you place an order to license a Design on our Site, you are effectively committing to license the specified Design(s) at the price indicated on the Site (Design Fee).

Before submitting your order through the Site, it is your responsibility to thoroughly review the order details, including the selected Designs, relevant license, and pricing. Upon successfully submitting an order on the Site, a binding agreement is established to license the Designs to you following these Terms.

Upon ordering and completing the payment on the Site, and once your payment has been validated, we will furnish you with a link to access the Design files you have ordered. Alternatively, we may email you a link to download the Design files. If, for any reason, you do not receive a link within 24 hours, please contact us using the details provided at the beginning of these Terms.

It’s important to note that certain Designs licensed through the Site may not be suitable for individuals under 18 years old. Exercise caution when ordering Designs intended for children under 18 years old.

4. Payment Terms

(a) All payments, including the Design Fee and Membership Fee (collectively referred to as the Price), must adhere to the guidelines outlined in this clause. Amounts are denominated in United States dollars, the currency of the United States, and are inclusive of value-added tax, where applicable.

(b) The Price is required to be paid upfront, utilizing one of the methods specified on the Site.

(c) Payment of the Price must not be made or attempted to be made, through fraudulent or unlawful means. If you choose to make a payment using a debit card or credit card, you affirm that you are authorized to use the designated card for the payment.

(d) The payment methods available are detailed on the Site. We may facilitate payment through third-party providers, such as PayPal. It is acknowledged and agreed that we have no control over the actions of the third-party provider, and the utilization of the third-party payment method may be subject to additional terms and conditions. We do not store any credit card details; all payment information is collected and stored through our third-party payment processor.

(e) The Price is only refundable and cancellable following your Consumer Law Rights and the provisions outlined in these Terms.

(f) Periodically, promotional discount codes may be issued for specific promotions on the Site. The terms of use for promotional discount codes will be outlined on the Site. Additionally, we may conduct competitions on the Site or through social media. These competitions are subject to terms and conditions, which will be accessible on the Site at the time of the competition.

5. Your right to change your mind

(a) This clause 5 is applicable when you establish an Account on the Site or purchase a Design in your capacity as a ‘consumer,’ as defined in Consumer Laws.

(b) Except the conditions outlined below, you have the right to cancel the purchase of a Design license or your Membership, obtaining a full refund of the Price, without providing any reason, up to 14 days after accepting these Terms (Cooling-off Period). It is acknowledged that if, during the Cooling-off Period, you access your Membership or instruct us to grant you access to Design licenses (e.g., by downloading a Design), this will be deemed an explicit request for Services, and your right to cancel will be forfeited.

(c) Exception to the right to change your mind: You do not retain the right to change your mind and cancel your Membership or order during the Cooling-off Period if you expressly request to download a Design within this period.

(d) Notification of cancellation: To cancel or terminate these Terms following this clause 5, contact us using the contact details provided at the beginning of these Terms or by using the Model Cancellation Form found in Attachment 1 to these Terms.

(e) Refund timeline: Any refunds owed to you will be processed as promptly as possible. If you are exercising your right to change your mind under clause 5, your refund will be issued within 14 days of notifying us of your decision.

6. Supply of the Designs

1. In consideration of your payment of the Price, we will provide the Designs following these Terms and all applicable laws, whether ourselves or through our personnel.
2. We warrant to you that the Designs will be provided using reasonable care and skill.
3. Some Designs available on our Site are generated by computers through third party Artificial Intelligence sites (AI Generated Content). AI Generated Content is licensed to you on an “as is” basis for use by you at your own risk. To the maximum extent permitted by law and subject to your Consumer Law Rights:
   1. we make no representations, warranties, assurances, or guarantees of any kind, whether express or implied, concerning AI Generated Content, including, without limitation, non-infringement of Intellectual Property Rights or other third-party rights;
   2. we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from, or connected with your reproduction of, commercial exploitation, publication, or any use of AI Generated Content.

7. Availability, Disruption and Downtime

(a) While we strive to always make our Site available to you, we do not make any guarantees that these will be available 100% of the time. Our Site may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

(b) Our Site (including various Designs) may interact with, or be reliant on, products or services provided by third parties, such as AI design platforms. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

(c) We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Site.

8. Design License

(a) We provide various types of licenses for the use of our Designs, including our premium license and corporate license (License). The type of License included in a Membership will be specified when you sign up. If you are licensing Designs individually, the included License will be outlined in the Design listing before making a purchase.

(b) Upon lawfully downloading a Design from our Site in compliance with these Terms, we grant you a non-exclusive, revocable, worldwide, non-sublicensable, and non-transferable right and license to use the Design following the License you have acquired.

(c) The comprehensive terms and conditions for each License are accessible here and are integrated into and constitute a part of these Terms.

(d) This clause will persist even after the termination or expiration of these Terms.

9. Intellectual Property

(a) You explicitly recognize and consent that all Intellectual Property Rights in any Intellectual Property or content (including copyright and trademarks) accessible on the Site, encompassing the appearance and functionality of the Site and any Designs available on the Site, as well as digital art licensed to us from our artists and other partners, our copyrighted works, trademarks, inventions, designs, and other intellectual property (collectively referred to as “Our Intellectual Property”), will consistently be vested in or remain vested in us.

(b) Subject to clause 8, we authorize you to utilize Our Intellectual Property exclusively for the limited purpose of accessing our Site. You are prohibited from exploiting Our Intellectual Property for any other purpose, and you must not allow, assist, or facilitate such use by any third party.

(c) Unless you have lawfully licensed a Design from us (in which case clause 8 will apply), you must not, without our prior written consent:

• Copy, in whole or in part, any of Our Intellectual Property; and/or
• Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any of Our Intellectual Property to any third party.

(d) You agree not to violate any intellectual property rights associated with the Site. This includes, without limitation, altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.

(e) You acknowledge and agree that we may monitor, analyze, and compile statistical and performance information based on and/or related to your use of the Platform in an aggregated and anonymized format (Analytics). You recognize and agree that we own all rights in the Analytics and may use them for our business purposes, provided that the Analytics do not contain any identifying information.

(f) This clause will persist even after the termination or expiration of these Terms.

10. Content you upload

(a) You may have the opportunity to post, upload, publish, submit, or transmit relevant information and content, including user reviews (User Content) on the Site, our social media pages, and in community groups that we manage. We may conduct campaigns via social media encouraging you to post User Content using specific hashtags (#Tag).

(b) By making any User Content available on or through the Site, including on social media using a Tag, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the User Content. This includes the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or through the Site and our social media platforms.

(c) You affirm that you are solely responsible for all User Content you make available on or through the Site, including on social media using a Tag. You represent and warrant that:

• You are either the sole and exclusive owner of all User Content, or you possess all the necessary rights, licenses, consents, and releases to grant us the rights in such User Content, as contemplated by these Terms.
• Neither the User Content nor its posting, uploading, publication, submission, or transmission, nor our use of the User Content on, through, or through our Site (including on social media), will infringe, misappropriate, or violate any third-party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(d) We do not endorse or approve and are not responsible for, any User Content. We reserve the right, at our sole discretion, to remove any User Content at any time.

(e) This clause will persist even after the termination or expiration of these Terms.

11. Termination

(a) We reserve the right to terminate these Terms, which means you will lose access to your Membership (if applicable) and your Account, under the following conditions:

• Failure to pay the Price as it becomes due.
• Breach of these Terms without remedy within 14 days of receiving notification of the breach.
• Breach of these Terms that cannot be remedied.
• Experiencing an insolvency event, including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement.

(b) In the event of suspected breach, we may suspend your access to your Account while we investigate the suspected violation.

(c) If termination results from our breach of these Terms, we commit to refunding you for any prepaid unused portions of the Price on a pro-rata basis.

(d) Upon termination, expiry of this Agreement, or cancellation of your Account, unless otherwise agreed, you will not have access to previously ordered Design files for re-download. Reactivating your Membership is an option, but this does not affect your right to continue using the licensed Designs you have already downloaded during the Term.

(e) Termination of these Terms will not impact any rights or liabilities accrued under these Terms.

(f) This clause will persist even after the termination or expiration of these Terms.

12. Limitations on and exclusions to our liability

(a) The limitations and exclusions set out in this clause 12 do not apply to any liability arising from deliberate default by either Party.

(b) The restrictions on liability in this clause 12 apply to every liability arising under or in connection with these Terms, including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity, or otherwise.

(c) Nothing in these Terms limits any liability that cannot legally be limited, including liability for:

• Death or personal injury caused by negligence.
• Fraud or fraudulent misrepresentation.
• Defective Designs under the Consumer Protection Act 1987.

(d) Subject to clauses 12(a) (no limitation in respect of deliberate default) and 12(c) (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law, where you download Design files or sign up for a Membership as a consumer, the following clauses apply:

• If any downloadable Design files are defective and cause damage to a device or digital content belonging to you due to our failure to use reasonable care and skill, we will either repair the damage or compensate you. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage caused by your failure to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
• Our Site, including Design files and licenses, is supplied to you for domestic and private use. If you are a consumer and use the Design files for any commercial, business, or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If either Party fails to comply with these Terms, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses that are a foreseeable consequence of the failure to comply with these Terms.

(e) Subject to clauses 12(a) (no limitation in respect of deliberate default) and 13(c) (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law, where you download Design files or sign up for a Membership as a business or in a commercial capacity, neither Party will be liable for any Consequential Loss.

(f) Subject to clauses 12(a) (no limitation in respect of deliberate default) and 12(c) (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:

• A party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss.
• Our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Design files or Membership to you (as applicable) or, at our sole discretion, repaying you the amount of the Price paid by you to us in respect of the supply of the relevant services to which the Liability relates.

(g) We have given commitments regarding the compliance of the Site and Design files with these Terms and applicable Laws in clause 7. In view of these commitments, the terms implied by sections 3, 4, and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.

13. Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use, and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Consumer Laws means any laws applying to you as a consumer, including the Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Intellectual Property means any copyright, registered or unregistered designs, patents or trademarks, business names, get-up, goodwill, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases, or source codes, including any application for registration of, and any improvements, enhancements, or modifications of the foregoing, and any right to apply for and be granted, renewals, or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection that exist or will exist now or in the future, including in respect of the foregoing.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding, or judgment (whether under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity, or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future, or contingent and whether involving a third party or a party to these Terms or otherwise.