Licensing

Create stunning content with confidence

The following license terms (“License Terms”) govern the grant of rights to all designs, photos, fonts, illustrations, AI-generated images, and other content on the Kittl Platform.

If you as a user of the Kittl Platform (“User”) want to upload any content to the Kittl Platform or download any content from the Kittl 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 Kittl Platform prior to these License Terms taking effect).

1. RIGHTS TO USE KITTL CONTENT
Unless otherwise explicitly provided in these License Terms, all rights to photos, design templates, fonts, and illustrations on the Kittl Platform (“Kittl Content”) are – in the relationship between the User and Kittl – owned by Kittl or its licensors.

Kittl Content:
Kittl grants the User, for the time of the User’s Subscription plan, a non-exclusive, worldwide, non-transferable, and non-sublicensable right to use:

• Kittl Content as such, and/or
• Kittl Content and/or User Uploads to create an individual(ized) design (“User Created Designs”) for commercial and non-commercial purposes as further specified herein.

AI-Generated Images:
Kittl grants the User, who is on a Pro or Expert Subscription plan, exclusive ownership and all associated rights to any images generated using the Kittl AI image generator (“AI-Generated Images”). The User may:

• Use AI-Generated Images as part of individual(ized) designs on the Kittl Platform
• Use AI-Generated Images independently for any commercial or non-commercial purpose, subject to the following terms:
  1. Full ownership rights apply only to AI-Generated Images and not to Kittl Content
  2. Users must ensure that AI-Generated Images do not infringe upon third-party rights
  
  AI-Generated Images, created by the User in a Free plan subscription, are published with the community and fall under “3) Publishing user created designs and AI-Generated Images”.

2. GRANT OF RIGHTS TO USER UPLOADS
When the User uploads their own photos, designs, fonts, illustrations, or other content to the Kittl Platform ("User Uploads"), they retain all rights to their content. However the User grants Kittl permission to use these uploads as follows:

• Publishing User Content
  If the User decides to share their content publicly on the platform, such as in the form of a template available to other users, they grant Kittl a non-exclusive, worldwide, revocable, royalty-free, sublicensable, and transferable right to use the User Uploads. This includes hosting, making the content available to the public, duplicating, distributing, displaying, and reproducing it as part of or in connection with the Kittl Platform and its services.
• Private Use
  If the User does not share their content publicly, Kittl will only use the User Uploads to enable the User to use and create content with the Kittl Editor or any other related Kittl services. This includes processing and storing the User Uploads on local servers.

If the User creates and uses Kittl Content under the Free Version (as defined in the Terms of Use) for commercial purposes, the User acknowledges and agrees that the Content is labeled with the attribution “provided by Kittl” whenever the Content is used.

3. PUBLISHING USER CREATED DESIGNS AND AI-GENERATED IMAGES

If and to the extent that a User publishes User Created Designs and/or AI-Generated Images on the Kittl Platform, all rights in such content shall immediately vest in and belong solely and entirely to Kittl. In order to complete such ownership by Kittl, Kittl and the User agree that the User herewith assigns and transfers to Kittl any and all rights in the User Created Designs and/or AI-Generated Images to the extent (co-)owned by the User. Kittl hereby accepts such assignment and transfer. To the extent such assignment and transfer of rights is legally not possible, the User grants to Kittl 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 Created Designs and/or AI-Generated Images 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 Created Designs and/or AI-generated Images 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.