TERMS AND CONDITIONS

1. General information and acceptance of terms

1.1. This section ("Terms") governs the relationship between ARTERA SRL ("we", "ARTERA") and any natural or legal person ("customer", "you") who accesses, purchases, downloads or uses digital products from the website.

1.2. By:

  • placing an order,
  • making the payment,
  • downloading files,
  • accessing delivery links,
  • or simply using the site, the customer confirms that he has read and fully accepts the Terms & Conditions.

1.3. If you do not agree with any of the provisions, please do not complete the order and do not use the products.

1.4. These Terms apply regardless of the sales channel (own website, marketplace, direct link, promo packages, bundles, collaborations, etc.), except in cases where there is a separate signed contract.

2. Definitions

2.1. Digital product = any file delivered electronically (e.g. PDF, PNG, JPG, Canva link, ZIP archive, print-ready files, educational materials, mockups, training materials, etc.).

2.2. Canva editable template = pre-made design offered via Canva link, intended for customization (text, colors, images), according to the license.

2.3. Illustration = original graphic material (usually PNG/JPG/PDF) created as a visual support. It can be sold as an individual item or in a package.

2.4. Protected content = any element of the product, any materials present on the site and any material received by the customer regardless of the means of communication (layout, structure, composition, iconography, decorative elements, original texts, organization, color combinations, illustration style, etc.).

2.5. License = limited right granted to the customer to use the product according to the described conditions (it is not a transfer of ownership).

2.6. Personal / Educational Use :

  • personal = for your own use (e.g. internal materials);

Personal use means the use of ARTERA products:

  • exclusively within the framework of one's own activity;
  • for internal use, organization, presentation or visual support;
  • without making the products available to third parties in the form of separate files;
  • without unauthorized transfer, redistribution or duplication.

Personal use does not imply or confer rights to resell, redistribute or commercially exploit the products.

  • educational = for the client's learners, in the context of the courses taught;

Educational use means the use of ARTERA products:

  • within our own courses, trainings, workshops or educational sessions;
  • exclusively as visual or theoretical support material for teaching;
  • integrated into a final material (e.g. course material, presentation, internal manual).

Educational use is permitted only if the following conditions are met:

  • products are not provided to learners as separate files;
  • the products cannot be extracted, reused or redistributed in any form;
  • the products are not included as a bonus, downloadable material or distinct resource;
  • the products are not used in digital libraries, subscriptions or membership platforms;
  • the products cannot be modified, adapted, redesigned, stylized or transformed in any way ;
  • The products cannot be transmitted, assigned or made available to students or third parties, in their original or modified form .

Educational use is permitted exclusively in the form delivered by ARTERA, without the right to modify, adapt or transform.

Any transmission, making available or distribution of the products, including in modified or partial form, to students or third parties is strictly prohibited.

2.7. Redistribution = any transmission to third parties (free or for a fee), including in groups, drives, email, platforms, memberships, libraries.

3. Copyright and intellectual property 

3.1. All digital products are protected by copyright legislation and are the exclusive intellectual property of ARTERA SRL , except in cases where another author/licensor is explicitly mentioned.

3.2. Copyright covers, without limitation:

The copyrights relating to ARTERA digital products cover, expressly and without limitation, the following elements, considered individually or in any combination thereof:

  • the idea expressed in a concrete form, materialized through design, illustration, graphic composition or visual structure, independent of the final file ;
  • the artistic, conceptual and functional design of the products;
  • the general and detailed structure of pages, sections and materials;
  • arranging graphic and textual elements;
  • construction grid, alignment, proportions and visual hierarchy;
  • spacing, visual rhythm, balance and relationships between elements;
  • graphic style, illustration style and visual language;
  • illustration techniques, including methods, processes and graphic approaches;
  • the shape, contours, lines, volumes and perspectives used;
  • color palette, color harmonies and chromatic relationships;
  • the selection, combination and organization of visual elements (including compositions, symbols, iconography, layouts);
  • symbolism, visual meanings and graphic codes;
  • typography, font choice, stylization and use;
  • decorative, graphic, illustrative or ornamental elements;
  • the way information is presented and the ordering of content;
  • logical and educational structure of the materials;
  • conceptual organization of information, chapters and sections;
  • the relationship between visual elements and explanatory content;
  • the titles, original texts, wordings and descriptions created by ARTERA;
  • product names, concepts, collections or series, where they are original;
  • any recognizable combination of the above elements;
  • any adaptation, derivation, reinterpretation or reconstruction based on the protected elements;
  • any partial reproduction that allows recognition of the ARTERA product or style.

Copyright protection applies regardless of the medium, format, size, color, resolution or reproduction technique and extends to any form of use that allows direct or indirect identification of ARTERA products.

3.3. The purchase only gives you a right of use , not the intellectual property right over the design.

3.4. It is prohibited to remove any copyright notices, watermarks (if any), metadata or distinctive signs.

4. License granted by purchase 

4.1. By purchasing you receive a license:

  • limit (for defined purposes),
  • non-exclusive (ARTERA SRL may continue to sell the products to other customers),
  • non-transferable (no license can be transferred further, because it is not owned by the customer),
  • revocable (can be cancelled in case of violation).

4.2. The license is valid for:

  • a single brand/entity of the client (own brand);
  • Exclusive use by the account/order holder

4.3. Prohibition on use for clients or third parties (designers, agencies)

If the user is a designer, agency, freelancer, creative studio or provider of design, branding, marketing or visual communication services, the standard license DOES NOT grant the right to use ARTERA digital products in projects carried out for clients or third parties .

It is expressly prohibited:

  • use of ARTERA products in projects intended for end customers;
  • customization of ARTERA products for third-party brands;
  • delivery of products, in any form, to customers or third parties;
  • including ARTERA products in materials created on order for other entities;
  • use of ARTERA products as part of services offered for a fee.

This prohibition applies regardless of whether :

  • the product is modified or unmodified;
  • the final file is delivered in PDF, image, print or other format;
  • the use is declared as “educational” or “demonstrative”;
  • the end customer pays for the service, not the product itself.

Exception – extended license or written agreement

The use of ARTERA products for customers or third parties is permitted exclusively in the following situations:

  • the user has purchased an extended license , which explicitly provides for this right;
  • there is a written, signed agreement between ARTERA and the user, which authorizes use by third parties.

In the absence of an extended license or written agreement, any use for customers or third parties constitutes serious copyright infringement .

Serious copyright infringement entails automatic revocation of the license, immediate termination of the right of use, removal of the content through legal procedures (including DMCA), as well as civil, contraventional or criminal liability, as appropriate.

ARTERA reserves the right to request material and moral damages, as well as the application of contractual penalties, without the need for prior notification.

Purchasing ARTERA products by a designer or agency:

  • It does NOT transfer rights to the design;
  • DOES NOT allow multiple use;
  • It does NOT allow reuse in different projects;
  • It does NOT allow the inclusion of products in commercial portfolios.

4.4. If you have a team: internal access is allowed only if:

  • people work directly for your brand,
  • does not share files,
  • do not reuse in other projects.

4.5. The license does not include:

  • resale rights;
  • sublicensing rights;
  • public distribution rights as a downloadable resource;
  • the right to create "derivative products" for commercialization.

5. Permitted uses

5.1. Scope of permitted use

Within the limits of the granted license, ARTERA digital products may be used exclusively for personal and educational purposes , within the user's own activity.

Permitted uses include, but are not limited to:

  • use of products in communication and presentation materials of your own brand;
  • using products as visual or educational support within your own courses, trainings or workshops;
  • use of products in internal materials, including course materials, diplomas, handouts or presentations;
  • use of products in educational materials intended exclusively for your own learners.

5.2. General conditions of permitted use

The use of digital products is permitted only if the following conditions are cumulatively met :

  • the products are used exclusively within the user's own activity;
  • the products are integrated into a final material and are not made available to third parties as separate files;
  • the original files are not transmitted, assigned or made available in any form;
  • the products cannot be extracted, reused or redistributed independently;
  • products cannot be included as distinct resources, downloadable materials, bonuses or digital libraries;
  • the products cannot be used in subscriptions, membership platforms or similar systems;
  • the products cannot be used as branding elements, logos, iconography or reusable resources;
  • the products cannot be claimed as their own creations.

5.3. Specific limitations for educational use

In the case of educational use, ARTERA digital products may be used exclusively as support material , with an explanatory or illustrative role, within your own educational courses or programs.

In this context:

  • the products may not be modified, adapted, redesigned, stylized or transformed in any way;
  • the products cannot be transmitted to students or third parties, neither in the original nor in a modified form;
  • Learners' access to the products is strictly limited to the final material, without the possibility of extraction or reuse;
  • Products may not be used in other courses, editions, programs or educational contexts without written consent.

5.4. Restrictive clause

The products made available by ARTERA constitute premium materials , protected by copyright legislation and subject to a special regime of use and strict protection .

The copyright on the products belongs exclusively to ARTERA, and their use is permitted only under the express conditions set forth in this document.

Any use of ARTERA digital products that is not explicitly permitted by written agreement is considered prohibited and constitutes unauthorized use .

In the event of unauthorized use, ARTERA reserves the right to apply, cumulatively or separately, the following measures and sanctions:

a) Revocation of the right of use

The license granted to the user is automatically revoked , without prior notice, and the user is obliged to immediately cease any use of the digital products.

b) Obligation to eliminate

The user is obliged to:

  • permanently remove all files, copies and derivative materials;
  • cease any distribution, display or use of the products;
  • provide, upon ARTERA's request, written proof of complete removal.

c) Penalties

For each violation found, the user owes ARTERA the following contractual penalties:

  • EUR 5,000 for each unauthorized digital product used ;
  • EUR 1,000 for each distinct use , including but not limited to each course, course edition, end customer or context of use;
  • EUR 2,500 for each platform, channel or distribution medium in which the products were used or made available;
  • EUR 3,000 for each product modified, adapted or used as a derivative work .

The penalties are cumulative , apply per product and per act , and are not mutually exclusive.

d) Additional compensation

The application of contractual penalties does not limit ARTERA's right to request:

  • additional material and moral compensation;
  • recovery of benefits obtained through unauthorized use;
  • full coverage of notification expenses, legal assistance and legal procedures.

e) Legal and procedural measures

ARTERA reserves the right to initiate, without prior notice:

  • content removal procedures (including DMCA notices);
  • official requests to third-party platforms;
  • legal actions before the competent courts.

f) Exigibility

The amounts owed as penalties become due immediately from the date of discovery of the violation and its communication to the user, without the need for a prior court decision.

6. Major prohibitions

6.1. Prohibitions on marketing, distribution and making available

Any form of use of ARTERA digital products that involves, directly or indirectly:

  • the marketing, resale or distribution of the products, in whole or in part, in their original form or in a modified form;
  • making it available to the public or third parties, free of charge or for a fee, regardless of the method of transmission;
  • including products in packages, collections, bundles or other structures intended for commercialization;
  • including products in subscriptions, membership programs or access systems to digital libraries;
  • publishing, uploading or distributing products on resource platforms, marketplaces, download systems or sharing channels, including online platforms or cloud storage services;
  • transmitting products to learners, collaborators or any other persons, in the form of separate files or reusable resources.

6.2. Prohibition of copying, reproduction and creation of derivative works

Any form of copying, reproduction, adaptation, transformation or creation of derivative works based on ARTERA digital products is prohibited, regardless of the method used.

This prohibition includes, but is not limited to:

  • full or partial redesign of products;
  • vectorization of graphic elements;
  • changing colors, fonts, proportions or visual structure for the purpose of reuse;
  • reorganization of content or structure, followed by use of the material as a distinct creation;
  • any transformation that allows direct or indirect identification of ARTERA products.

6.3. Prohibition of claiming authorship or rights holder status

It is strictly forbidden to claim, explicitly or implicitly, the quality of author, creator, rights holder or intellectual property holder over ARTERA digital products or over any materials derived from them.

This prohibition includes, but is not limited to:

  • removal, modification or omission of mentions regarding ARTERA;
  • presenting products or derivative materials as being your own creations or internally developed;
  • using products as a basis for registering trademarks, models, designs or other intellectual property rights;
  • filing applications for legal protection for materials based, in whole or in part, on ARTERA products.

6.4. General clause

Any use of ARTERA digital products that contravenes the provisions of this chapter constitutes a serious violation of copyright and entails the application of the measures, sanctions and penalties provided for in this document and in applicable legislation.

7. Digital delivery, access and technical issues

7.1. Delivery method

Digital products sold by ARTERA are delivered exclusively in electronic format, through one or more of the following methods:

  • sending a download link;
  • sending the product or link via email;
  • making the product available in the customer account created on the ARTERA platform.

Delivery is considered to have been made at the time the product or access link was transmitted or made available to the customer, regardless of the time of actual access.

7.2. Customer responsibility regarding contact details

The customer is obliged to provide correct and complete contact details, including a valid and functional email address.

ARTERA cannot be held liable for:

  • impossibility of delivery caused by providing an incorrect or incomplete email address;
  • inability to access products due to message filtering in Spam, Junk, Promotions or similar folders;
  • restrictions imposed by the customer's email provider.

The customer is responsible for checking all relevant email folders and ensuring that they can receive electronic communications.

7.3. Limited access and technical conditions

Depending on the technical configuration of the platform used, download links may be subject to:

  • a limited validity period;
  • a limited number of downloads.

These limitations, if applicable, serve the purpose of security and protection of digital content.

The customer is advised to download and save the products immediately after delivery. ARTERA does not guarantee unlimited access in time unless expressly stated otherwise.

7.4. Technical issues and reissuance of access

If the customer experiences technical problems accessing or downloading the products, he/she is obliged to contact ARTERA within a maximum of 24 hours, providing proof of order and the information necessary to identify the transaction.

Following verification of the situation, ARTERA may, at its own discretion:

  • reissue the download link;
  • facilitate access to the product through an alternative method.

Access is reissued at no additional cost , within 48 working hours, depending on the nature of the problem and technical availability.

7.5. Limitation of liability

ARTERA cannot be held responsible for:

  • technical problems caused by the equipment, internet connection or software used by the customer;
  • technical incompatibilities that were not explicitly specified in the product description;
  • delays caused by external factors or third-party service providers.

7.6. Canva Editable Products – Limitation of Liability

In the case of digital products that are delivered in the form of templates or editable materials via the Canva platform, the following special provisions apply:

  • access to editable products requires an active account on the Canva platform, created and managed exclusively by the client;

• • the operation, availability, terms of use, subscription type (free or Canva Pro) and policies of the Canva platform do not depend on ARTERA and are not under its control;

  • ARTERA does not guarantee and is not responsible for:
    • changes to Canva functionality;
    • limitations imposed by Canva depending on account type;
    • suspension, restriction or termination of your Canva user account;
    • temporary or permanent unavailability of the Canva platform.

The Client understands and accepts that:

  • certain elements in the templates may require a Canva Pro subscription, which is determined exclusively by Canva;
  • the lack of an appropriate subscription or an active Canva account does not constitute a reason for non-operation attributable to ARTERA ;
  • ARTERA delivers the product as described, and actual use depends on the technical and contractual conditions imposed by the Canva platform.

7.7. Limitation of technical support for Canva products

ARTERA's support for editable products in Canva is limited to:

  • providing the access link;
  • checking the link's operation at the time of delivery;
  • clarifications regarding the use of the template, to the extent that they relate to the structure of the product.

ARTERA does not provide support for:

  • issues related to the customer's Canva account;
  • activation, management or costs of Canva subscriptions;
  • errors, bugs, or changes to the Canva interface.

7.8. Risk assumption clause

By purchasing editable products in Canva, the customer expressly assumes the use of a third-party platform and accepts its terms of use.

Any limitation or malfunction arising as a result of Canva policies or changes cannot be attributed to ARTERA .

8. Return policy and right of withdrawal

8.1. Nature of digital products and the lack of returns

Given the nature of the products sold by ARTERA, namely digital content delivered electronically and accessible immediately after payment confirmation , these products are not eligible for return , exchange or refund.

Digital products cannot be returned after delivery, as delivery involves making the content available in a form that allows it to be accessed, copied and used.

8.2. Express consent of the client and loss of the right of withdrawal

By completing the order and making the payment, the customer expressly declares that:

  • requests immediate delivery of digital content;
  • understands and accepts that, with the delivery of the digital content, he loses his right of withdrawal , in accordance with the applicable legal provisions.

This acceptance represents the express consent of the customer, within the meaning of consumer protection legislation, and produces full legal effects from the moment of delivery of the digital product.

8.3. Legal basis

The provisions of this chapter are based on the applicable legislation on consumer protection, including the regulations on distance contracts, which provide for the exception to the right of withdrawal in the case of the supply of digital content that is not delivered on a tangible medium, when the delivery has begun with the express prior consent of the consumer.

8.4. Limiting exceptions

By way of exception, ARTERA may analyze reimbursement requests exclusively in the following situations, if they are clearly and objectively proven:

  • the digital product is delivered in the form of a corrupted file, impossible to open or use, and its re-delivery is not possible for technical reasons;
  • the delivered product is completely different from the description published on the sales page, and the difference is demonstrable and substantial.

The existence of one of these situations does not automatically confer the right to a refund. ARTERA reserves the right to verify the circumstances and decide on the applicable solution, including re-delivery of the product or, as the case may be, reimbursement of the amount paid.

8.5. Explicit exclusions from reimbursement (extended version)

The following situations, including but not limited to, are not grounds for refund, return or cancellation of the order:

  • misunderstanding how to use the product or the instructions provided;
  • lack of technical, educational or professional knowledge necessary to use the product;
  • purchasing the product without first checking the description, specifications or conditions of use;
  • incompatibilities with third-party devices, software, applications or platforms used by the customer;
  • limitations, changes or interruptions to the services of third-party providers (including but not limited to Canva, Shopify, Google, Microsoft or other providers);
  • lack of a required subscription on third-party platforms or its expiration;
  • inability to access the product due to security settings, firewalls, IT restrictions or internal customer policies;
  • loss of access to the email account, customer account or third-party platforms used;
  • accidental deletion of files after delivery;
  • incomplete download of the product due to reasons related to the customer's internet connection;
  • wrong product purchase (selection error, duplicate order, confusion between products);
  • change in the intention to use the product after delivery;
  • lack of expected results or perceived benefits;
  • product inconsistency with subjective style, design or aesthetic preferences;
  • using the product in a manner that contravenes the Terms and Conditions;
  • refund requests made after accessing, downloading or using the product, regardless of the duration of use;
  • requests motivated by the fact that the product cannot be used for purposes not permitted or authorized according to this document.

8.6. Final clause

By placing the order, the customer confirms that he has read, understood and expressly accepted these conditions regarding digital delivery and return policy, which are an integral part of the contract concluded with ARTERA.

9. Liability, warranties and limitations

9.1. Nature of the products and lack of additional guarantees

ARTERA products consist exclusively of digital materials of a visual and educational nature (illustrations, templates, graphic materials, course materials, etc.).

They are provided in the form existing at the time of delivery, without assuming any additional guarantees regarding their subsequent use, adaptation or integration into the client's activity, other than those expressly provided in this document.

9.2. No guarantee of performance or results

ARTERA does not guarantee and cannot be held responsible for the results obtained by using its products, including but not limited to:

  • commercial results;
  • attracting customers;
  • sales;
  • the performance of courses or educational materials;
  • visual or marketing impact.

ARTERA products are visual tools , and the results depend exclusively on the method of use, the client's own content, and the professional context in which they are integrated.

9.3. Use, modifications and customer responsibility

ARTERA is not responsible for:

  • modifications, adaptations or interventions made by the customer on the products;
  • use of products outside the limits of the granted license;
  • use of the products for a purpose other than that permitted by this document;
  • the consequences of using the products in an inappropriate, incomplete or contrary to instructions.

Any use of the products after delivery takes place at the customer's own risk , within the limits established by the Terms and Conditions.

9.4. Print and display differences

ARTERA is not responsible for:

  • printing errors resulting from incorrect settings, color profiles, equipment or printing services chosen by the customer;
  • differences in color, contrast, size, or clarity between the digital display and the printed result;
  • the final quality of printed materials.

The responsibility for checking files before printing and for choosing a printing company belongs exclusively to the client.

9.5. Third-party platforms and services

ARTERA is not responsible for the operation, changes, limitations or unavailability of third-party platforms and services used by the customer in connection with the products, including but not limited to:

  • editing platforms (e.g. Canva);
  • email services;
  • storage or printing services.

Any malfunction or limitation arising from these services cannot be attributed to ARTERA.

9.6. Limitation of financial liability

To the maximum extent permitted by law, ARTERA's total liability, regardless of the legal basis invoked, is limited to the amount actually paid by the customer for the digital product that is the subject of the complaint .

ARTERA is not liable for indirect losses, loss of profit, loss of opportunity or other consequences that do not derive directly and exclusively from the delivery of the digital product.

9.7. Legal applicability

The provisions of this chapter apply within the limits of the legislation in force and do not affect the rights of consumers provided for by mandatory legal provisions.

10. Violations, sanctions and compensation

10.1. License violation

Any use that exceeds the rights permitted by this document, including any violation of the previous chapters regarding permitted uses, major prohibitions, special product treatment, and educational use conditions, constitutes a violation of the license granted by purchase.

The following acts are considered major violations, without limitation:

  • redistribution of products to third parties, free of charge or for a fee, including transmission as separate files;
  • publishing, uploading or sharing products on platforms, channels, storage services or online communities;
  • use of products for unauthorized commercial purposes, including in projects for customers or third parties, without an extended license or written agreement;
  • creating derivative works, copying, redrawing, vectorizing, adapting, stylizing or transforming;
  • including products in subscriptions, membership programs or digital libraries;
  • claiming copyright or initiating legal protection proceedings based on ARTERA products.

10.2. Immediate measures. License revocation and cessation of use

In the event of a violation being detected, ARTERA has the right, without prior notification and without additional formalities:

  • to revoke the license granted to the user;
  • to request immediate cessation of use of the products;
  • request the complete removal of the products and any copies, including derivative materials;
  • request written confirmation and, where appropriate, evidence of complete removal.

The revocation of the license takes effect from the moment of communication to the user or from the moment of discovery of the violation, as the case may be, and the user no longer has the right to use the products in any form.

10.3. Contractual penalties and damages

In the event of unauthorized use, the user owes ARTERA the contractual penalties provided for in this document, including those set out in the section on unauthorized use and applicable penalties.

Application of contractual penalties:

  • it can be combined with the request for additional compensation;
  • it is not conditional on proving actual damage;
  • does not exempt the user from the obligation to cease use and remove the content.

ARTERA reserves the right to request, in addition to penalties:

  • material and moral compensation;
  • recovery of benefits obtained through unauthorized use;
  • full coverage of notification, legal assistance and procedural expenses.

10.4. Public Distribution. Disposal Procedures

If ARTERA products are published, uploaded, shared or made available to the public or third parties through any channel (including drives, groups, marketplaces, social platforms, websites, course platforms), ARTERA has the right:

  • request immediate removal of the content;
  • initiate takedown procedures through notifications to platforms and service providers, including DMCA or equivalent procedures;
  • to request blocking of access, suspension of the materials or accounts involved, to the extent permitted by the platforms' policies.

The user is obliged to reasonably cooperate in removing the content and to submit proof of removal, upon ARTERA's request.

10.5. Collection of evidence and finding of violation

For the purpose of protecting copyright, ARTERA may collect and preserve evidence of infringement, including:

  • screenshots;
  • links and URLs;
  • public identification data of listings;
  • copies of published materials;
  • publicly available technical information.

Within the limits permitted by law, ARTERA may request the user:

  • clarifications regarding the source of distribution;
  • identification of distribution channels;
  • information necessary to limit the damage and stop the spread

10.6. Recovery expenses and costs

In the event of a violation, the user may be held liable, to the extent permitted by law and/or established by the court, for:

  • notification and communication costs;
  • legal assistance costs;
  • costs of disposal procedures;
  • legal expenses.

10.7. Survival of obligations

Obligations regarding:

  • copyright;
  • prohibitions on use;
  • confidentiality of the delivered content;
  • penalties and compensation;
  • the obligation to cease use and delete files,

remain applicable and effective even after the termination of the license, its revocation or the termination of the contractual relationship between the parties.

11. Modification of terms

11.1. ARTERA reserves the right to modify the terms, without prior notice, when necessary (legal updates, product changes, new licenses).

11.2. The applicable version is the one displayed on the site at the time of purchase.

12. Applicable law and jurisdiction 

12.1. The Terms are governed by Romanian law.

12.2. Disputes are resolved by the competent courts in Romania.