Marketplace Terms of Use

1. Scope and seller

These Terms govern the WebSite X5 Marketplace (market.websitex5.com) and purchases made with credits, including directly from the software: content and services such as Templates, optional Objects, Premium images and additional MagicSite generations. They supplement the General Terms of Use, the WebSite X5 EULA and, for the AI features, the Additional Terms for AI Features.

• Credit packs are sold by 2Checkout/Verifone, which acts as reseller (Merchant of Record) under its own terms of sale.
• Content and services purchased with credits are supplied by Incomedia S.r.l., Via Burolo 22/A, 10015 Ivrea (TO), Italy, VAT no. IT07514640015, contact policy@incomedia.eu.

2. Credits

• Credits are prepaid units that can only be used to purchase Incomedia content and services in the Marketplace and in the software. They cannot be exchanged for money or transferred to other accounts.
• After purchase, you receive by email a code to activate on the "My credits" page of your account.
• Credits are valid for 365 days from activation. If you have several packs, the oldest credits are used first. On the "My credits" page you can see your balance and the activation and expiry dates.
• Refunds: you can request a refund for a pack that has not been used, even in part, within 30 days of purchase. If you have already used some of the credits, the remaining ones are not refundable, without prejudice to your statutory rights.
• If Incomedia stops offering a piece of content or a service that can be purchased with credits, you can use your valid credits for other content or services. If Incomedia stops offering content and services purchasable with credits altogether, we will refund your unexpired credits.

3. Purchases with credits

• Before confirming a purchase, you can see the content or service, its main characteristics and the number of credits required.
• Purchased content is available immediately in the software or in your account. Some content, such as Premium images, is purchased when the website is published, and only for the content actually used.
• If you are a consumer, by confirming the purchase you expressly request that the digital content or service be supplied to you immediately and acknowledge that, once it has been supplied, you lose your right of withdrawal for that purchase.
• Your statutory rights always remain valid if a piece of content does not conform to the description provided by Incomedia or to legal requirements: in such cases we will replace it with a conforming version or, if that is not possible, return your credits or their value.

4. Templates

A Template is a WebSite X5 project with a graphic design and sample pages. It may be free or paid.

• You may use and modify Templates only with the WebSite X5 software, to create an unlimited number of websites, your own or your clients', including for commercial purposes. This applies to both free and purchased Templates.
• You may sell a client the website built with a Template, but not the Template itself: you may not resell, distribute or publish it as a file or design, whether modified or not. Nor may you reproduce the graphics or structure of a Template for use outside WebSite X5, for example by recreating them with other tools or in hand-written HTML code.
• The licence is personal and may not be transferred without Incomedia's written consent.
• Templates remain the property of Incomedia or their respective authors.

5. Optional Objects

An optional Object adds a feature to the WebSite X5 software.

• The licence is linked to your account and covers use of the Object in the WebSite X5 software and in the websites created with it.
• You may not extract the Object, modify its code, or resell or distribute it separately from the website.
• Objects remain the property of Incomedia or their respective authors.

6. Third-party content included

• Templates may use fonts from Google Fonts, which are subject to Google's terms. If the published website loads the fonts from Google's servers, visitors' IP addresses are transmitted to Google: as the website owner, it is up to you to inform visitors and, where necessary, obtain their consent. If your version of WebSite X5 allows it, you can avoid this by publishing the font files on your own web space.
• The sample images in Templates come from free image libraries such as Pixabay. You may keep them in the websites you create with the Template, including for your clients, but you may not sell or distribute them separately from the website. If an image shows recognisable people, trade marks or logos, check that your use of it is lawful: for example, do not use it to suggest that the person or brand endorses your business.
• Graphic resources included in the software (for example icons, buttons and backgrounds) may only be used in websites created with WebSite X5 and may not be extracted or used elsewhere. Resources supplied by third parties remain subject to their respective licences.
• Images offered in the software, both free and Premium, are governed by section 7.

7. Images

The WebSite X5 software offers images from four providers, both when you insert them yourself and when MagicSite chooses them. The images remain the property of their respective authors.

Free images (Pixabay). You may use them in websites created with WebSite X5, including for commercial purposes and without crediting the author, under the Pixabay Content License. In particular, you may not:

• use images showing trade marks, logos or recognisable people to promote products or services without the necessary permissions;
• use them as part of a trade mark, logo or trade name;
• use them in a misleading, offensive or unlawful way;
• sell or distribute them as standalone files.

Before using an image, check whether further consent is needed, for example from the people depicted.

Free images (Pexels and Lummi). The same rules apply, under the Pexels License and the Lummi Terms: commercial use is allowed without crediting the author, but there may be no resale or redistribution of the images as files, no use in trade marks or logos and no use that portrays the people depicted in a bad light or suggests their endorsement. Lummi images are generated with artificial intelligence.

Premium images (Depositphotos), marked with a star. While you build the website you see watermarked previews: they are only for building the website, and you may not publish, download or otherwise use them. When the website is published, Incomedia purchases a licence for only the Premium images actually used and charges you the credits shown, which you see before confirming. With the purchase you may use each image only as part of that website, under the terms of the Depositphotos Standard License. You may not:

• extract the image and use it elsewhere, for example on another website, on social media, in printed materials or on products;
• sell, transfer or distribute it as a file;
• use it in trade marks, logos or other distinctive signs;
• use it in a defamatory, misleading or unlawful way, or in a way that suggests that the people depicted endorse a product or an opinion.

To use the same image on a new website, a new purchase is required. If you build the website for a client, the image remains tied to that website and the client may not use it separately.

If you use the images in breach of these rules, you are responsible for doing so. If you are a business user, you will indemnify Incomedia against any resulting third-party claims.

8. Independent authors

Some Templates and Objects in the Marketplace were created in the past by independent authors. They remain available and are supplied by Incomedia, which is responsible to you as it is for its own content. Any new content from independent authors will be published under separate agreements between Incomedia and the authors.

9. Warranties, liability and governing law

For warranties, liability, changes to these Terms, governing law and jurisdiction, sections 10, 12 and 13 of the General Terms of Use apply. For any questions or complaints, you can write to policy@incomedia.eu.