Terms of Use

1. These terms of Use

  1. Welcome to the Artlist UK Limited, the owner of FXhome, (“Company”, Artlist UK”, “we”, “our”, “us”) Terms of Use (“Terms”). These Terms settle the terms and conditions under which you may subscribe and/or download and/or install and/or access and/or use  (together the “Use”)  this website (“Site”) and our software, Creative Library, and software bundles (“Software”) and/or other products and/or any future platforms, software’s or products and any updates thereto (all together “Products”), which is provided and made available to you by the Company and its affiliates, to the exclusion of all other terms and conditions.
  2. Please note that our Products are not intended for use by children under the age of 13. We do not knowingly license our Products or sell our digital services to children. If you are under the age of 13, we would kindly ask you to refrain from Using our Products and/or other digital services offered by us.
  3. Please be advised that by Using our Products, you will also be subject to the End User Licensing Agreement (the “License or EULA”), which shall be read together with these Terms and the Privacy Policy (together the “Agreement”). Capitalized terms used but not defined herein, shall have the respective meanings given to them in the EULA.
  4. You hereby agree that: (1) you have read and understood the Agreement, and agree to engage with the Company under its terms; (2) your age does not limit you from lawfully engaging in the Agreement and that you are not legally prohibited from entering into the Agreement; and (3) you are authorized to enter into and perform the Agreement for yourself or for the entity whose details were specified upon subscription to our Products.
  5. These Terms do not affect your statutory rights.


2. Order & Registration Process

Online Subscription Orders

  1. You will be able to check, correct and modify your subscription order up until you click the Buy Now button. Please take the time to read and check your order at each page of the order process.
  2. After clicking the Buy Now button and paying for your order, we will acknowledge receipt of your subscription order by providing you with an Order Number and an Order Confirmation email including details of your order. Please note that by clicking the Buy Now button you make an offer to us to purchase a subscription plan for Using the Products you have selected subject to this Agreement. Acceptance of your order and the creation of a legally binding contract between us will not occur until we issue an Order Confirmation and Acceptance email.
  3. Registration

  4. In order to download, install and gain access to the Products as specified in these Terms and EULA, you are required to: (i) register and create an account with us; (ii) provide us with your accurate and full details; and (iii) pay any applicable fees, according to the relevant subscription plan, (unless you have opted to subscribe to our free subscription plan). You are forbidden from providing us a nonexistent email address or an email address which does not belong to you, impersonating another person or entity, or misleading us in any other way regarding your identity or your payment method information. If you do so, we shall have the right to cancel this Agreement and your subscription.
  5. You are required to protect the confidentiality and safety of the account details (username and password), and you will bear full responsibility for all activities in your account. You must inform us immediately of any unauthorized use of your account.


3. Prices and payment

  1.  Artlist UK may be required by applicable laws to charge users with indirect taxes (such as Sales Tax, VAT or GST). Any amount we will be required to collect will be in addition to the purchase amount and any other fees payable by the customer.
  2. Artlist UK is not responsible for any tax or duty for customers based outside of the UK and EU. These customers should, at the end of their calendar tax year, report all online purchases to the relevant authority.
  3. The total cost of your order (including all tax) will be clearly stated on the Purchase page before you submit your order.
  4. Whilst we try to ensure that all prices on our Site are accurate, errors may occur. If we discover an error in the price of the subscription plan you have purchased, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled and send you a full refund. If you already paid for the subscription plan, and wish to cancel, due to the described above, you will receive a full refund.
  5. We accept the following payment methods: credit cards and PayPal.


4. Sanctioned Countries

The Company is committed to complying with the sanctions laws and regulations of the United States, the EU, UK and Israel. Accordingly, we will not trade with or provide any services to sanctioned countries or individuals/entities named on a sanctions list.


5. Term & Renewal

  1. This Agreement will apply to you as long as you access the Site and/or have an active subscription with us. The EULA will remain in effect through the period of your Use of the Products.
  2. Your subscription plan will automatically renew at the end of your chosen initial subscription period, for successive periods of the same length as the initial period, unless you notify us of your intention not to renew no later than 14 calendar days prior to renewal by a clear statement sent to our Customer Support Team, as detailed in section 8(h) below. If you signed up for a yearly subscription, you will be given a reminder prior to the termination of your subscription period, notifying you that your subscription is due to renew and the costs you will be charged for the subscription in the renewal period, giving you chance to cancel your subscription in good time if you wish. Upon renewal of your subscription, the payment method you provided us will be automatically charged for the renewal period fees, and you will only be entitled to a refund pursuant to our cancellation policy below.
  3. The version of the Products offered at your automatic renewal date may be different from the Products offered when you first purchased your subscription plan from us, but we will notify you of such changes. 
  4. If you choose to cancel your paid for subscription plan, your subscription will revert to the free subscription plan. 


6. Our Liability

THE PRODUCTS AND/OR SITE IS PROVIDED BY THE COMPANY ARE PROVIDED ‘AS-IS’ AND ‘AS AVAILABLE ’WITHOUT ANY EXPRESSED OR IMPLIED WARRANTY OF ANY KIND, EXCEPT AS PROVIDED FOR UNDER YOUR STATUTORY CONSUMER RIGHT UNDER APPLICABLE LOCAL LAWS, INCLUDING WITHOUT LIMITATION, TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW.

If you are a consumer:

  1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.  Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. 

    If you are a business customer:

  2. We shall not be liable to you for business losses. If you Use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit sales or revenues; loss of business; business interruption; or loss of business opportunity; corruption of data, information or software; loss of anticipated savings; loss of goodwill or reputation; or any indirect or consequential loss.
  3. Except as expressly stated in this Agreement, which states the full extent of our obligations and liabilities in respect of the Use of the Products, all other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this Agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
  4. Subject to sections 6(b) and 6(c) above and sections 6(e) to (i) below, our maximum aggregate liability under or in connection with the Agreement whether in contract, tort (including negligence) or otherwise, shall in all circumstances not exceed:
    1. in the event you have purchased a yearly subscription, the purchase price paid or payable for the Products during yearly subscription period; or. 
    2. in the event you have purchased a monthly subscription, the total price paid by the customer for each month that the subscription has been in place, limited to 12 months period preceding the event.

    If you are a consumer or a business customer:

  5. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation, and except as stated in section 6(c), for any breach of any terms implied by law.  
  6. If defective digital content which we have supplied damages a device or digital content belonging to you, and this is caused directly by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be responsible for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
  7. You acknowledge that the Products has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Products meet your requirements. For the avoidance of doubt, any new features we choose to add to the Products during the term of your Agreement will be at our sole discretion.
  8. We are not liable to you for the content of any data transferred either to or from you or stored by you via the Products.
  9. From time to time we may choose to display advertisements or promotions of products of third parties on the Products along with electronic links to their sites. We assume no responsibility for the content of websites linked on our Products. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
  10. In the event you have signed up for the free subscription, our liability to you shall not exceed the amount worth of 3 months of the pro subscription plan.


7. Operating Requirements

  1. It is your responsibility to carefully check the operating system requirements for all of our Software and/or Products. These can be found on our website at fxhome.com/support.
  2. You acknowledge and agree that you are responsible for downloading/installation, management and operation of the Software and/or the Products.
  3. Please note that if you download a free version of our Software and/or or Products these versions will not have the complete functionality of the full versions.


8. Cancellation & Termination

  1. This Agreement is effective until terminated or cancelled by you or us in accordance with this Agreement.
  2. We may terminate this Agreement immediately for any reason by written notice to you, including but not limited to, if you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
  3. Upon termination or cancellation of the subscription plan for any reason: (i) all rights granted to you under this Agreement and the relevant subscription plan shall automatically expire; (ii) you must immediately cease all activities authorised by these Terms and/or the EULA and/or the relevant subscription plan, including, without limiting the generality of the above, accessing and using the Software; and (iii) you must immediately delete or remove or deactivate the Software and/or Products together with any additional functionality from all computer equipment in your possession. 
  4. Cancellation because you have changed your mind

  5. You are entitled to cancel your subscription plan if you have changed your mind (except when the Products were customized for you or made to your specification, unless damaged, faulty or incorrect) within 14 days after the date when we accept your order for the subscription (“Cancellation Period”). You will only be entitled to receive a refund for any fees paid to us if you cancel your subscription within the Cancellation Period. Upon receiving your request to cancel your subscription you will receive a refund as soon as possible (and in any event, within 14 calendar days after you have informed us that you wish to cancel the subscription), to the same payment method you provided us during your registration.  
  6. The expiry of the Cancellation Period does not affect your right to a refund as described in the Technical Problems section below. 
  7. For the avoidance of doubt, this section does not apply to free subscription, and therefore, if you are a subscriber under a free subscription plan, you will not be entitled to any refund.
  8. The right of cancellation provided for in this section does not affect any other provisions in this Agreement.
  9. How to cancel the Agreement for any reason

  10. To exercise the right to cancel, you must inform us of your decision to cancel your subscription by a clear statement sent to our Customer Support Team, including details of your name, geographical address, details of the Order you wish to cancel and, where available, your phone number and email address so we can confirm and process any refund that might be owed to you.


9. Technical Problems

  1. The Products that we supply to you must be as described, fit for purpose and of satisfactory quality. In the event that the Products do not conform to these standards and your hardware meets our minimum technical specifications we would ask that you contact our Customer Support team, indicating the function you were using when you experienced the malfunction and any error message, who can provide you with assistance and support. Our Customer Support team will advise you whether you may be entitled to a repair or a replacement of the Products.
  2. In the event of a defect and/or fault in our Products, you may be entitled to a refund, repair or compensation under your statutory rights.  You shall not be entitled to a refund, repair and/or compensation where:
    1. Software and/or Products with faults caused by accident, neglect, misuse, or normal wear and tear.
    2. Any attempt to circumvent any of the restrictions and/or limitations installed in the Software and/or Products, and/or failure to comply with our instructions in using the Products.
    3. Failure to use the Products in accordance with the terms of the EULA.
  3. We will not be held responsible if the Products are incompatible with your system or for incompatibilities caused by equipment that has been modified to disable regional encoding. As a result, we recommend that you check the Product in an alternative machine before contacting us.


10. Copyright Infringement Notification Policy

We take copyrights protection very seriously. If you believe that any content on the Site infringes your intellectual property or other rights, please see our Copyright Infringement Notification Policy

If we are notified that any content on the Site infringes third party copyright or other rights, we may in our sole discretion remove it, or take other steps that we deem necessary, without any prior notification to you.


11. The Site & Intellectual Property

  1. Neither we, nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude our liability for any such inaccuracies or errors to the fullest extent permitted by law.
  2. We own, or have been licensed, the copyright, trademarks and all other intellectual property rights in all the information, materials, Software, and content included in the Site, inclusive without limitation, any learning materials produced by us, other than those which are specifically acknowledged,  design, layout, look, appearance and graphics text, illustrations,  sound, clips, graphic segments, software applications, graphs, photos, Company’s name, trademarks and logos, including without limitation those used in the Site (“Proprietary Content”).
  3. You are forbidden from reproducing the Company’s Proprietary Content, or using the Company’s name, trademarks and logos, including without limitation those used in the Site, other than in accordance with the provisions of the Agreement.
  4. You hereby acknowledge and confirm that you do not and will not have any ownership and/or intellectual property rights in the Proprietary Content and/or Software and/or Creative Library and/or the Assets and/or the contents of the Site and/or the Site’s trademarks and its design, and that your right is restricted to the limited rights granted to you in this Agreement.
  5. The Agreement grants you an authorization to use the Site and the Software strictly in accordance with the provisions of the Agreement and is conditioned by your undertaking not to violate or be involved in any activities that violate any terms of the Agreement, and specifically in activities which cause the violation of intellectual property rights and/or deviation from the provisions of the License.
  6. You may use, download, copy, publish, transmit or otherwise make available by any other means learning materials only for your own personal non-commercial use. Any other use or reproduction of the learning material or content provided by us on the Site is strictly prohibited.
  7. The forum

  8. You are required to keep your comments relevant to the discussion topic and abide by the Community Participation Guidelines  at all times.
  9. The Company is not responsible for offensive or upsetting material on the forums and the views expressed by other users on the Site do not represent the Company’s views or values. The Company has the right to remove any posting you make on the Site if, in its opinion, it might be considered offensive, defamatory or upsetting to others.
  10. Do not submit comments or choose usernames that contain personal information that would identify yourself or others. For example, last names, addresses, phone numbers, email addresses or other online contact details either relating to yourself or other individuals.      
  11. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
  12. Links to other websites

  13. Our Site may contain links to other websites. If you use these links, you will leave our Site and will no longer be governed by our Agreement. The links do not signify that we endorse the website(s). We are not responsible for and have no control over the content of other websites or the protection and privacy of any information you provide whilst visiting such sites and will not be held liable for such. We recommend you exercise caution and look at the privacy statement applicable to the website in question.


12. Events outside our control

  1. We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.  
  2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
  3. If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
  4. (1) our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

    (2) we will use our reasonable endeavours to find a solution by which our obligations under this Agreement may be performed despite the Event Outside Our Control.

  5. We shall notify you as soon as possible to let you know that there has been an Event Outside Our Control and will take steps to minimise the effect of the delay. If the Event Outside Our Control continues for a substantial period, you shall have the right to cancel your subscription.  Please contact Customer Service as set out in section 8(h) if you wish to cancel in such circumstances.


13. Notices

  1. You hereby agree that we will be able to send you email messages referring to our Products and/or services and/or other various subjects, inclusive with regards to benefits granted to our subscribers. If you do not want to receive our promotional or marketing emails, you can withdraw your consent at any time following the instructions in our Privacy Policy.
  2. If you wish to contact us in writing, or if any condition in the Agreement requires you to give us notice in writing, you can send this to us by email at info@fxhome.com, or by pre-paid post to Artlist UK Limited Suite 4 St Giles House, 27 St Giles Street, Norwich, NR2 1JN, UK. We will confirm receipt of this by contacting you in writing, normally by email.
  3. If we have to contact you or give you notice in writing, we will do so by email to the address you provide to us in your registration form. Any delivery of a notice by email as stated above will be considered a lawful delivery.


14. Amendments to these Terms & Fees

  1. Company has the right to change the conditions of these Terms, the EULA and the Privacy Policy from time to time at its exclusive discretion. Upon making the changes, the new version of the Terms, EULA or Privacy Policy will be posted on the Site. You are advised to check for updates regularly. In the event of material changes, we will provide you with a notice. If you do not agree to the changes in any such terms, you may cancel your subscription by contacting us in accordance with section 8(h) and you must cease accessing and/or using the Software and/or the Products and/or the Site. By continuing to access and/or use the Software and/or the Products and/or the Site you agree to be bound by the updated version of the Term, EULA or Privacy Policy, which will apply to you in their entirety.
  2. We may change our subscription plans and their prices from time to time. In such a case, we will notify you in advance and such change will only apply to you by your coming billing cycle, therefore giving you chance to cancel your subscription for successive renewal periods if you wish.


15. General

  1. The laws of England and Wales will exclusively apply to the Agreement and all transactions relating to the Software and/or the Products and/or the Site and all non-contractual obligations arising from any transaction carried out on the Site, without giving effect to any rules or principles of conflict-of-law, and the jurisdiction to hear any issue resulting from or regarding the Agreement, directly or indirectly, will be given exclusively and uniquely to  the English courts.
  2. Each of the paragraphs of the Agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
  3. If we fail to insist that you perform any of your obligations under the Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  4. We are entitled to transfer and/or deliver our rights and/or obligations under this Agreement, in whole or in part, to third parties as we may see fit and at our exclusive discretion. Any such transferee will, in turn, be entitled to transfer any such rights/obligations to other parties as it may see fit without having to obtain your consent.      
  5. As an organisation, we value the personal information that is entrusted to us by our subscribers and software users. It is extremely important to us that we uphold that trust in the way in which we handle, use, store and protect personal data. For details of how we process and handle personal data please see our Privacy Policy at fxhome.com/privacy
  6. We reserve the right to disclose your personal information or information about your use of the Site and/or the Software and/or the Products inclusive of the content used therefrom without obtaining your permission, if such disclosure is necessary in order to: (1) obey legal requirements or comply with orders issued in a legal proceeding or by a competent authority by any law; (2) enforce the Agreement; or (3) protect the Company’s or anyone else’s rights in the event of a breach of the Agreement by you or anyone on your behalf.

 

Artlist UK Limited is a company registered in England and Wales with company number 04172812 and having its registered office at Suite 4 St Giles House, 27 St Giles Street, Norwich, Norfolk, UK, NR2 1JN, VAT No. GB770403942

Last update: May, 2022