Terms of service
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Scope of application
These General Terms and Conditions (GTC) apply to the use of the mockup.maison website (hereafter referred to as "Website"). They also apply to the conclusion, content, and processing of the purchase of assets via this Website. These general terms and conditions become part of the contract with regard to the purchase of assets by the User clicking on the "I agree to Terms & Conditions" checkbox. If the User purchases assets directly from MM, MM shall provide them with the GTC prior to the conclusion of the contract. In this case, the User accepts these GTC by subsequently purchasing the assets.
MM and the User may only deviate from these GTC by explicit written agreement.
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Definitions
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MM
MM Resources GmbH
Flüelastrasse 16
8048 Zürich
hello@mockup.maisonHereafter referred to as "MM".
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User
Any natural person or legal entity visiting or using this Website or purchasing assets including typefaces via this Website.
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Consumer
Any natural person who accesses services or obtains licenses provided by MM for personal use.
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Assets
Digital templates, including but not limited to mockups, stock images, motion templates, presentations, and typefaces, designed to showcase the User's designs, improve presentations, or be used on websites, social media, and other media. Assets can hereafter also be referred to as "content."
Typefaces are included under assets but are subject to a separate licensing agreement specific to their use (see Clause F for details) and can hereafter also be referred to as "content".
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Agreement
Any legally binding or contractual relationship between MM and User.
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General information
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Content of the website
On the Website, the User can view assets offered by MM. The Website is hosted on Shopify Inc. (https://www.shopify.com/), and Shopify provides MM with the online e-commerce platform.
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Ownership of the content
Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by MM or its licensors. MM undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights.
MM holds and reserves all intellectual property rights for any content.
In particular, the User may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on this Website or any portion of the Website without permission of MM, nor allow any third party to do so through the User or their device, even without the User's knowledge.
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Access to external resources
Through this Website, the User may have access to external resources provided by third parties. This concerns in particular the purchasing process including payment in case the User purchases assets. The User acknowledges and accepts that MM has no control over such resources and is therefore not responsible for their content or availability. Conditions applicable to any resources provided by third parties resulting from each such third party's terms and conditions. The User also acknowledges and agrees that MM provides access to the external resources "as is" and "as available" without any warranties.
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Purchase of assets and license
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Assets
Through our Website, the User can select various assets, for example, to showcase their own products and services, visually enhance presentations, etc. The User can purchase the selected assets with the appropriate license and then edit them with Adobe Photoshop or Adobe After Effects. The entire purchasing process and the licenses are described below.
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Purchasing process
The purchasing process includes the following steps:
- The User must indicate the desired asset by selecting it, including, where possible, quantity and specific characteristics and type of license, to make it appear in the purchase selection.
- The User is provided with an option to assign a different recipient to be the license holder.
- The User has the possibility to enter additional information for the invoice like VAT-number, remarks, etc.
- The User has to accept these GTC.
- By clicking on the checkout button, the User will get to the Checkout Page, where they can create an account or checkout as a guest.
- During the purchasing process, the User may, at any time, modify, correct or change the information provided, and add a gift card, referral code or discount code or altogether abort the purchasing process with no consequence.
- To complete the purchasing process, the User has to introduce their contact and billing information and choose one of the available payment methods.
- The User can choose the option "Recurring Payment" for a subscription. Recurring payment is a payment model where the User purchases a subscription and authorizes MM to pull funds from their accounts automatically at regular intervals for the assets and licenses provided to them on an ongoing basis.
- After having provided all the required information, the User must review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on this Website and committing to pay the agreed-upon price.
- Upon submission of the order, the User will receive an email as a confirmation that the order has been received and access to the assets via Dropbox or Google Drive link. The User will also receive the invoice in a separate email.
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Conclusion of contract
Through submitting an order, the User concludes a contract with MM. This creates for the User the obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page. In case the purchased assets or the execution of the contract require active input from the User, such as the provision of personal information or data, specifications, or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
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Prices
Prices on the Website are displayed either exclusive or inclusive of any applicable fees, taxes, and costs, depending on the section the User is browsing.
The User will be informed during the purchasing process and before order submission about any fees, taxes, and costs that they will be charged.
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Special offers and discounts
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Bundles and collections
MM may offer bundles and collections at special prices. Any such offer shall always be subject to eligibility criteria and the terms and conditions set out in the corresponding section of the Website. Such offers are always granted at MM's sole discretion.
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Discount codes
In individual cases, MM offers the User a code for discounts. MM informs the User what type and amount of discount the User receives and whether the discount is limited in time. Any such offer shall always be subject to eligibility criteria and is always granted at MM's sole discretion.
If a breach of the conditions applicable to discount codes occurs, MM can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or diverging rules applicable to using the discount codes displayed in the corresponding information page or on the physical discount code itself shall always prevail.
Unless otherwise stated, these rules apply to the use of discount codes:
- Each discount code is only valid when used in the manner and within the timeframe specified on the Website and/or email accompanying the discount code;
- A discount code may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
- Unless otherwise stated, single-use discount codes may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
- Discount codes cannot be applied cumulatively;
- The discount code must be redeemed exclusively within the time specified in the offer. After this period, the discount code will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
- The User is not entitled to any credit/refund/compensation if there is a difference between the value of the discount code and the redeemed value;
- The discount code is intended solely for non-commercial use. Any reproduction, counterfeiting, and commercial trade of the discount code is strictly forbidden, along with any illegal activity related to the purchase and/or use of the discount code.
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Individual offer
If the User wishes, for example, a larger quantity of assets or an Individual License (see Clause E.4 below), they may contact MM directly and the parties may negotiate an individual offer. Unless the individual offer expressly deviates from these GTC, these GTC shall also apply to the individual offers and licenses.
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Payment methods
Information related to accepted payment methods is made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases, related information can be found in the dedicated section of this Website. The User may read the privacy policy of this Website to learn more about the data processing and the User's rights regarding their data.
If the User has concluded an individual contract with MM with an Individual license, MM shall issue an invoice to the User, which the User shall pay within 10 days.
If payment through the available methods fails, MM shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
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Delivery
Assets purchased on this Website are delivered via a link to Dropbox or Google Drive. The User acknowledges and accepts that the ability to download the purchased assets may be limited in time and space.
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Right of withdrawal
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In general
Without prejudice to any applicable statutory rights, MM grants Consumers based in the European Union the right to cancel the purchase and obtain a refund, within 14 days from the day on which the contract was entered into.
The consumer must fill in the provided form and submit it to MM (see Clause R below) or send MM an unequivocal statement of their intention to withdraw from the contract to exercise their right of withdrawal. MM shall refund the price of the assets purchased using the same payment method as the original transaction. Not only will the Consumer no longer have access to the purchased service but their license to use the assets is retroactively revoked. The Consumer is obligated to delete all digital and destroy all physical copies of services, goods, etc. where they had used the assets.
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Exceptions
The right of withdrawal does not apply to contracts for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the Consumer's prior express consent and with their acknowledgment that their right of withdrawal is thereby lost.
The right of withdrawal does not apply to contracts for the supply of goods made to the Consumer's specifications or that have otherwise been personalized.
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Subscription
The right of withdrawal applies to subscription contracts only insofar as required by applicable law. Where the Consumer has expressly consented to the immediate commencement of the subscription service and has acknowledged that they thereby lose their right of withdrawal once performance has begun, no right of withdrawal shall apply. Subscription payments are non-refundable once the subscription service has started, except where mandatory law provides otherwise. No refunds or credits shall be granted for partially used billing periods. Subscriptions may be cancelled at any time in accordance with Clause G.2 and shall remain active until the end of the current billing cycle.
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Intellectual property rights
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General provisions
All of the licensed content and all the content on the Website is owned by MM and all rights not expressly granted in this agreement are reserved by MM.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of MM or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
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Licensing for all assets (excluding typefaces)
The following licensing terms apply to all assets offered by MM, except for typefaces, which are subject to a separate licensing section (see Clause F below).
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Standard License
Every asset (excluding typefaces) downloaded from mockup.maison comes with a Standard License.
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Scope
The rights granted to the User by MM are:
- Perpetual, meaning there is no expiration or end date on your rights.
- Non-exclusive, meaning that MM can license the same content to other Users.
- Worldwide.
- Unlimited for an infinite number of projects.
- Non-transferable and not sublicensable with exceptions (see Clause F.5 below).
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Purpose
The Standard License is valid for usage of the assets in conjunction with activities primarily aimed at promoting oneself or one's work, including, without limitation, corporate presentations and pitches, portfolios, internal communications in digital and print form, competition entries, non-paid press announcements, the User's websites, and organic content intended for the User's social media channels.
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Restrictions
The User with a Standard License may not use the assets for:
- Usage by the client
- Print Run or Products for Public Distribution or Resale
- Digital Advertisement
- Digital Product Representation with Resale (i.e E-Commerce)
- Out-of-Home or Printed Media Advertising
- Electronic Templates, Apps, or Games
For these uses the User needs to obtain a Commercial License or an Individual License (see Clauses 2, 3 and 4 below).
If the User is part of or represents an organization with more than 500 employees, a Commercial Max License is required for using assets intended for public display, including, without limitation, to the User's websites, social media platforms, competition entries, and media announcements.
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Commercial License Mini
With the purchase of a Commercial License Mini, the User obtains the following rights in addition to those granted by the Standard License.
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Usage by the client
The User may only share derived images or videos, which are exported from the original file without its layer information, to the User's client. This includes, without limitation, content in the format of jpeg, png, mp4, mov. The derived content can be used by the client in the project that is related to the services offered by the User. In such cases, the User represents and warrants that they have full legal authority to bind their client to the terms of this agreement. If the User does not have that authority, then their client may not use the content.
The User has to transfer all obligations as entered into with MM to the client, in which they oblige the client to assume the same obligations as set forth in these General Terms and Conditions. MM reserves the right to request verification of such an agreement to ensure compliance. The User assumes liability for any use of the assets by their client that violates the terms of this agreement.
The User may purchase the license on behalf of the client and use the asset during the course of the project. In this case, the client may only access or install the asset if the license was purchased in their name. Use by third parties beyond the license owner and the User is not permitted unless covered by a separate license or explicitly allowed under Clause G.5 (subcontractors).
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Print Run and Products for Public Distribution and without Resale
The User may use the assets in connection with any goods or services intended for self-promotion and without resale where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media) or other products not sold or distributed for profit.
Included in the Commercial License Mini are up to 5000 instances in total.
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Digital Advertisement
The User may use assets for digital online advertising, paid placements, as well as promotional or marketing content across mobile and desktop applications, without limitation on the number of impressions. This includes, without limitation, banner ads, Google ads, social media ads, paid partnerships, paid press announcements, and Newsletters.
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Digital Product Representation with Resale
The User may use assets in e-commerce and online platforms where the primary purpose is to visually represent or showcase products, services, or digital offerings intended for resale. This includes, without limitation, retailing, dropshipping, print-on-demand, affiliate marketing, and crowdfunding campaigns. The focus here is on utilizing the asset as a tool for promoting and facilitating the resale of tangible or intangible products in the digital environment.
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Restrictions
- The use of the assets with a Commercial License Mini is limited to one project.
- The Commercial License Mini is not applicable if the User is part of or represents an organization with more than 3 employees.
- The Commercial License Mini does not cover instances where the User intends to share content with a client (Clause 2.a) who also has more than 3 employees.
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Commercial License Max
With the purchase of a Commercial License Max, the User obtains the following rights in addition to those granted by the Standard License and Commercial License Mini.
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Print Run and Products, for Resale
Use of the assets in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media)or other items for resale or other distribution for profit. This includes "on demand" products (meaning products in which content is selected by a third party for customization on such products on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters, and other items.
Included in the Commercial License Max are unlimited instances.
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Out-of-Home and Printed Media Advertising
The User is permitted to integrate assets within Out-of-Home advertising campaigns, which include, but are not limited to, billboards, transit advertisements, bus stop posters, and other forms of advertising in public spaces. Additionally, assets may be used in printed media advertising such as advertisements in newspapers, magazines, flyers, and brochures intended for wide public distribution. This form of advertising is characterized by its ability to reach the consumer outside of their home.
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Electronic Templates, Apps, or Games
The User may use assets in their electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates). However, the assets may not be removed from the templates and given to third parties as stand-alone. MM's consent via an Individual License remains reserved.
Use of assets within mobile applications, desktop software, or gaming environments, whether they're for sale, free to download, or part of a subscription service. This encompasses displaying the asset as part of user interfaces, in-game items, or promotional materials within the app or game. Users must ensure that the assets are integrated and cannot be extracted in their original form from the software or game environment.
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Restrictions
The use of the assets with a Commercial License Max is limited to one project.
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Individual License
If the User intends to use assets for other purposes than mentioned above or if the User wants to obtain a large number of assets, they can contact MM directly and negotiate an individual purchase with an Individual License.
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Licensing for typefaces
Typefaces purchased from MM are licensed according to the user's or client's company size and intended use. The following specific provisions apply in addition to the general terms.
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Scope
The rights granted to the User by MM are:
- Perpetual, meaning there is no expiration or end date on your rights
- Non-exclusive, meaning that MM can license the same content to other Users
- Worldwide
- Non-transferable and not sublicensable, with exceptions (see Clause F.5)
- Limited to the use type and company size selected at the time of purchase
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License owner
Licenses are issued to one license owner, based on the company size declared at the time of purchase. The license owner is the entity that uses the typeface across internal or external communication. If a typeface is purchased for a client project, the client is always considered the license owner, and the license must reflect the client's total company size. The license owner has to transfer all obligations as entered into with MM to the client, in which they oblige the client to assume the same obligations as set forth in these General Terms and Conditions. MM reserves the right to request verification of such an agreement to ensure compliance. The User assumes liability for any use of the assets by their client that violates the terms of this agreement.
The User may purchase the license on behalf of the client and use the typeface during the course of the project. The client may only access or install the typeface if the license was purchased in their name. Use by third parties beyond the license owner and the User is not permitted unless covered by a separate license or explicitly allowed under Clause 7 (subcontractors).
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Permitted Use
The User selects the intended use at the time of purchase. The available use types are defined as follows:
Print Use: Covers usage in printed materials including, without limitation, books, brochures, packaging, posters, and other offline formats. This license does not include any digital use.
Unlimited Use: Includes unlimited usage across both print and digital media, without limitation, websites, apps, social media, newsletters, digital campaigns, and broadcast.
The typeface may be installed on devices within the licensed company size, as defined at the time of purchase.
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Upgrades
If the licensed company size or intended use changes after the purchase, the license must be upgraded accordingly. In such cases, the User or client must contact MM via hello@mockup.maison to arrange the appropriate license adjustment. MM reserves the right to request verification of company size and use to ensure compliance.
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Trial versions
Trial versions of typefaces are provided solely for testing and evaluation purposes. They may not be used in any projects, nor in any form of final or published output. Any use beyond internal testing, including presentation or portfolio use, requires a proper license.
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Subscription
MM offers subscription-based access to assets under the Standard License, subject to the subscription plan selected by the User and the conditions described on the Website. Subscription plans are offered with a monthly or yearly billing cycle.
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Subscription plans
The following subscription plans are available:
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Starter Plan
The Starter Plan includes five (5) credits per calendar month, irrespective of whether the subscription is billed monthly or yearly. One (1) credit corresponds to one (1) asset download, excluding typefaces.
Credits accumulate across months for as long as the subscription remains active. The Starter Plan is available for any company size, does not include team access, and does not allow the purchase of additional credits.
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Unlimited Plan
The Unlimited Plan provides unlimited access to eligible assets (excluding typefaces) and does not operate with credits. Access under the Unlimited Plan is subject to the company size tier selected at the time of purchase. Team access is available only for company size tiers larger than one (1).
The Unlimited Plan includes a discount on Commercial Licenses, as specified on the Website. The term “unlimited” refers solely to the scope of asset access and does not remove company size limitations.
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Term, renewal and cancellation
Subscriptions are billed in advance and renew automatically at the end of each applicable billing cycle unless cancelled by the User.
Users may choose between monthly or yearly billing, whereby yearly subscriptions may be offered at a discounted rate, as specified on the Website.
The User may cancel the subscription at any time via the account settings. Cancellation takes effect at the end of the current billing cycle. Until the end of the billing cycle, subscription benefits, including access to asset downloads, available credits and download history, remain available.
Except where mandatory law provides otherwise, no refunds are granted for unused subscription time or unused credits.
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Access and license
During an active subscription, the User is granted access to the assets made available under the selected subscription plan.
Assets downloaded during an active subscription period remain licensed to the User under the applicable license terms granted at the time of download. The assets are licensed under the Standard License as defined in these GTC. Any use beyond the scope of the Standard License requires the purchase of the applicable Commercial License for the respective asset.
Upon expiry of the subscription following cancellation, the User loses access to subscription-related download features, including direct downloads of assets and access to the User’s download history. The User may, however, continue to use previously downloaded assets in accordance with the granted license.
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Credits
Credits apply exclusively to the Starter Plan. Credits are allocated per calendar month and remain valid for as long as the subscription remains active. Assets previously downloaded may be re-downloaded without consuming additional credits.
All unused credits expire when the subscription expires or when the User upgrades from the Starter Plan to the Unlimited Plan.
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Plan changes
The User may change the subscription plan at any time via the account settings. Upgrades take effect immediately and may result in a pro rata charge for the remaining period of the current billing cycle. Downgrades take effect at the beginning of the next billing cycle. A change of subscription plan does not constitute a cancellation of the subscription.
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Company size and team access
Subscription plans are limited to the company size selected at the time of purchase. Where team access is available, the User is responsible for ensuring that access by team members does not exceed the permitted company size.
If the User’s company size changes during an active subscription, the User is required to adjust the subscription plan accordingly to reflect the updated company size.
MM reserves the right to restrict or block additional access and to request reasonable verification to ensure compliance.
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Usage limitations
To ensure stable and fair use of the Service, MM may impose reasonable usage limitations, including limitations on the rate at which assets may be downloaded, in particular where misuse is indicated or excessive downloading is detected.
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Payment failure
If a recurring payment cannot be processed successfully, MM may suspend access to subscription-related features until payment has been successfully completed.
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Termination by MM
MM reserves the right to suspend or terminate a subscription with immediate effect if the User materially breaches these GTC, in particular the license scope, usage limitations, or company size restrictions, or in the event of suspected misuse.
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Restricted Uses
The restrictions listed below always apply and are independent of the license purchased by the User.
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Unlawful or otherwise restricted Use
The User may not use assets in a pornographic, racist, homophobic, transphobic, sexist, defamatory, or in any unlawful manner or in violation of any applicable regulations or industry codes or for products related to such manner. Furthermore, the User may not use content in projects or for clients that actively or passively aim to limit the rights of displaced persons, people with disabilities, or human rights in general.
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Use in trademark or logo
The User may not use assets (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, trade name, business name, service mark, or logo. Additionally, the User shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third-party use of the content or any similar content (including by MM or MM's customers). Typefaces are exempt from this restriction and may be used to create trademarks.
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False representation of authorship
The User may not represent that they are the original creator of an end-use that is made up partly or in whole of licensed content.
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Immutable Digital Assets
The User may not use any items of content in connection with an immutable digital asset intended for sale (such as a non-fungible token).
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License transfer and sublicensing
The User, as the license holder under this Clause (i.e., D. Intellectual Property Rights), is identified either by the User's billing address or by the recipient assigned as the license holder during the checkout process. This determination is in accordance with the receipt from MM's payment supplier or the invoice issued by MM.
The rights granted to the license holder are non-transferable and non-sublicensable with the following exceptions:
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Purchasing on behalf of the employer or client
If the User is purchasing on behalf of their employer or client, then their employer or client can use the assets. In that case, the User represents and warrants that they have full legal authority to bind their employer or client to the terms of this agreement. If the User does not have that authority, then their employer or client may not use the content.
The rights obtained through purchase are exclusive to who is listed as the license holder at the time of purchase. Only one (not both) may use the assets.
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Subcontractors
The User may allow subcontractors (for example, printer or mailing house) or distributors to use assets in any production or distribution process related to the User's final project or end use. These subcontractors and distributors may not use the assets for any other purpose. The User has to transfer all obligations as entered into with MM to the subcontractor, in which they oblige the subcontractor to assume the same obligations as set forth in these General Terms and Conditions. MM reserves the right to request verification of such an agreement to ensure compliance.
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Validity of license
The license enters into force with the acceptance of these GTC and after full payment of the licensing fee.
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Termination / Withdrawal
If any licensed content is subject to a claim of infringement of a third party's right, MM may require the User to cease using the assets, delete or destroy any copies; and ensure that the User's clients, distributors, and/or employer do likewise.
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Audits
Upon reasonable notice, the User agrees to provide to MM sample copies of projects or end uses that contain licensed assets, including by providing free-of-charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. In addition, upon reasonable notice, MM may, at their discretion, either through their own employees or through a third party, audit the User's records directly related to this agreement and the User's use of licensed content in order to verify compliance with the terms of this agreement. If any audit reveals a violation of the scope of the purchased license, then in addition to paying MM the amount of the lost license compensation to MM with a surcharge of 100%, the User also agrees to reimburse MM for the costs of conducting the audit. Where MM reasonably believes that content is being used outside of the scope of the license granted under this agreement, the User agrees, at MM's request, to provide a certificate of compliance signed by an officer of the User's company, in a form to be approved by MM.
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Electronic storage and distribution
The User agrees to retain the copyright symbol, the name of MM, the asset's identification number, and any other information that may be embedded in the electronic file containing the original assets, and to maintain appropriate security to protect the assets from unauthorized use by third parties. The User may make one (1) copy of the assets for backup purposes.
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Service interruption
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Interruption during website access
To ensure the best possible service level, MM reserves the right to interrupt the Service/Website for maintenance, system updates, or any other changes, informing the User appropriately. Within the limits of law, MM may also decide to suspend or terminate the Service altogether. If the Service is terminated, MM will cooperate with the User to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside MM's reasonable control, such as "force majeure" (e.g. labor actions, infrastructural breakdowns or blackouts, etc).
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Interruption during download of assets
If the Service is interrupted during the download of assets and the interruption is within the control of MM, MM shall ensure that the User receives and can use the acquired assets within a reasonable period of time.
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Data protection
To learn more about the use of Personal Data, the User may refer to the privacy policy of this Website.
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Warranty
MM warrants to be the sole owner of the copyright to the licensed assets and that said assets do not infringe any third-party rights.
While assets on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, and sounds) is for reference only and implies no warranty as to the characteristics of the purchased asset.
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Liability
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General
MM shall only be liable for damages incurred by the User as a result of the use of this Website or the acquired assets in the event of intentional and grossly negligent causation. Liability shall in any case be limited to compensation for direct damage and to a maximum of the total amount of the contractually agreed remuneration.
MM's liability for pure financial losses, in particular loss of data, as well as for consequential and/or reflex damages such as loss of profit, loss of earnings or production as well as loss of data - irrespective of their legal basis - is expressly excluded to the extent permitted by law.
Liability for employees and auxiliary persons called in is excluded by MM to the extent permitted by law.
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Intellectual Property Infringement
MM makes every effort to ensure that all licensed assets are free from infringements of intellectual property and are legally compliant. However, in the event that a licensed asset is found to infringe third-party rights and must be withdrawn, MM's liability shall be limited to providing a replacement asset or refunding the purchase price of the affected asset, at MM's discretion.
MM explicitly excludes liability for any indirect or consequential damages incurred by the User or License Owner as a result of such withdrawal. This includes, but is not limited to, costs for campaign delays, product recalls, legal disputes, reputational damage, or lost profits.
The User is responsible for reviewing and ensuring that the use of licensed assets complies with applicable laws, regulations, and third-party rights in their jurisdiction before using them in public-facing or commercial projects.
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External Resources
Through this Website, the User may have access to external resources provided by third parties. The User acknowledges and accepts that MM has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party's terms and conditions or, in the absence of those, applicable statutory law.
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Rights infringement
MM reserves the right to take any appropriate measure to protect its legitimate interests including by denying the User access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever the User engages or is suspected to engage in any of the following activities: violate laws, regulations and/or these Terms; infringe any third party rights; considerably impair MM's legitimate interests; offends MM or any third party.
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Change of these GTC
MM reserves the right to amend or otherwise modify these GTC at any time. In such cases, MM will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future and MM specifies the date by which the modified GTC will enter into force.
The continued use of the Website and new purchase of assets will signify the User's acceptance of the revised GTC. If Users do not wish to be bound by the changes, they must stop using the Website.
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Transfer of the agreement
MM may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest.
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Severability clause
Should any provision of this agreement be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
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Governing law and forum
To the extent permitted by law, Swiss law shall apply to these GTC.
To the extent permitted by law, the exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of Switzerland.
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Example withdrawal form for consumers
Addressed to:
MM Resources GmbH, Flüelastrasse 16, 8048 Zürich, Switzerland
hello@mockup.maison
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)
Ordered on: _____________________________________________ (insert the date)
Received on: _____________________________________________ (insert the date)
Name of consumer(s):_____________________________________________
Address of consumer(s):_____________________________________________
Date: _____________________________________________
(sign if this form is notified on paper) -
Entry into force
The GTC entered into force on March 13, 2026.