Licence Terms

These Licence Terms set out the three licences under which products on the Nmjoy marketplace are sold. They form part of our Terms of Service.

1. How licences work

Every product on the marketplace is sold under exactly one of three licences: Personal, Commercial or Extended. The seller chooses which licence applies to each product from this fixed catalogue; sellers cannot write their own licence terms. The licence that applies is shown on the product page before you buy.

The licence is granted to you by the seller, who owns or controls the rights in the product. Nmjoy ("we", "us") operates the marketplace and is the merchant of record for your purchase, but we are not the licensor and do not own the product. The licence takes effect when your payment succeeds and applies to the version of the product you download and any updated versions the seller later makes available in your library.

2. Definitions

"Product" means the files you receive from your library for a purchase or through a subscription, whether downloaded or streamed, including any preview, documentation or source files supplied with it.

"End Product" means something you create that incorporates the product, or part of it, together with your own substantial contribution, for example a website built from a theme, a video that uses a music track, a poster that uses a graphic, or an app that uses an icon set.

"Personal use" means use by you, for yourself, for purposes that do not directly or indirectly generate revenue, and does not include use for a business, employer, client or organisation.

"Commercial use" means any use that is not personal use, including use in work for a client or employer, in advertising, in a product or service that is sold, and in anything that generates revenue.

3. Personal licence

The Personal licence permits you to use the product for personal use only. You may:

• use the product in an unlimited number of personal projects;
• modify and adapt the product for those projects; and
• show the results to others, for example on a personal website or social media account, provided you do not distribute the product itself.

You may not use the product for commercial use, or for a client, employer or organisation.

4. Commercial licence

The Commercial licence permits you to use the product in End Products that you sell, distribute, or use for commercial purposes, within these limits:

• For templates, themes and similar products that form the structure of an End Product, one purchase permits one End Product. To create a second End Product, for example a second website or a second app, buy the product again.
• For all other products, including graphics, fonts, audio, photos, video, code components and 3D assets, one purchase permits use in an unlimited number of End Products.
• In every case, you may produce and distribute an unlimited number of copies of each permitted End Product, whether physical or digital.

You may modify and adapt the product for your End Products. You may not use the product in an End Product that is itself sold or distributed as a template, theme, tool or asset, or in a way that lets the product's users extract it for their own use; that requires the Extended licence.

5. Extended licence

The Extended licence permits everything the Commercial licence permits, without the one-End-Product limit, and additionally permits use in:

• End Products that are themselves sold or distributed as templates, themes, tools or assets, for example a website builder template that includes the product;
• on-demand products, for example print-on-demand merchandise, where each unit is created for a customer who chooses it; and
• End Products in which the product is the main value being sold, for example a poster whose principal content is the graphic you bought.

Under the Extended licence you may create an unlimited number of End Products. Even under this licence, you may not distribute the product's files on their own in a form that lets others reuse them as an asset, and section 6 still applies.

6. What every licence forbids

Whichever licence applies, you may not:

• redistribute, resell, rent, lend, sublicence or share the product files themselves, in original or modified form, whether for free or for payment, including by posting them to any file-sharing service or stock library;
• claim that you created the product, or remove or alter any copyright notice or watermark it contains;
• register the product, or any part of it, as a trademark, logo or design, or use it unmodified as a logo or trademark;
• use the product, or any part of it, to train, fine-tune or evaluate a machine-learning or artificial-intelligence model, or include it in a dataset intended for that purpose;
• use the product in material that is unlawful, defamatory, pornographic, or that promotes discrimination or violence, or in a way that would bring the seller into disrepute; or
• use the product in a way that infringes any third party's rights, including the rights of any person depicted in it.

7. Fonts and audio: special terms

Fonts. You may install a font on the devices you use to create End Products and embed it in documents, images, videos, websites and apps as part of an End Product. You may not redistribute the font files themselves, make them available for download, or embed them in a way that allows users of your End Product to extract and reuse the font as a font. Where you embed a font in a website or app, it must be served from your own project and not offered as a separate download.

Audio. You may synchronise an audio product with visual content, or combine it with other audio, only as part of an End Product. You may not distribute an audio product on its own, in original or remixed form, as a track, sample, ringtone, sound library or similar. You may not register an audio product, or an End Product in which it is the main value, with any content-identification or rights-management system in a way that would claim rights over the audio itself.

8. Attribution

You are not required to credit the seller unless the product page says so. Where the product page does require attribution, follow the form of credit it specifies. You may always credit the seller voluntarily.

9. Term and termination

A licence received through a subscription, rather than a purchase, covers what you start while the subscription gives you access. This applies alike to a subscription to a single product and to a store's subscription covering the products that store includes in it. While it does, you may download the product, except any file the seller has made stream-only, and use it under the tier shown on the product page in any End Product you start during that time. When the period you have paid for ends without renewal, End Products you started while subscribed stay licensed for as long as they exist, including when you update them; but you may not start a new End Product with the product, and you may keep the files you downloaded only to maintain those End Products. A stream-only file is never downloaded and stops working when your access ends. Downloads through a subscription are subject to a fair-use limit on how many different files you may download in a rolling period, shown in your library; files bought outright are not limited. When you reach it, the marketplace tells you when you can download new files again.

A licence received through a purchase is perpetual for lawful use: it does not expire and does not require renewal. It ends automatically if:

• the purchase is refunded, in which case you must delete every copy of the product and stop using any End Product that has not yet been distributed; or
• you materially breach these Licence Terms and do not remedy the breach within 14 days of being told about it, in which case you must delete every copy of the product.

End Products that were lawfully created and distributed before termination may continue to exist, but the product may not be used to create new ones.

10. Upgrades

If you hold a Personal or Commercial licence to a product and want a higher tier, buy the same product under the higher licence. Where the seller offers upgrade pricing, you pay the difference between the tiers; otherwise you pay the price shown for the higher tier. The upgrade applies to the same product and replaces the licence you previously held.

11. No warranty beyond the Refund Policy

The seller warrants that it has the right to grant you the licence in these terms. Beyond that, and beyond the rights described in our Refund Policy and the rights of consumers under the Consumer Protection Act 2019, the product is provided as it stands. Neither the seller nor we promise that a product will be suitable for a particular purpose, compatible with particular software, or free of defects, except as stated on the product page. Nothing in this section limits liability that cannot lawfully be limited.

12. Governing law and contact

These Licence Terms are governed by the laws of India, and the competent courts in India have exclusive jurisdiction, subject to a consumer's right to approach a Consumer Commission.

Questions about which licence a product carries, or whether a use is permitted, can be sent to support@nmjoy.com. Legal notices: legal@nmjoy.com.