Licensing Policy
Licensing Policy: 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 Pencila Platform.
If you as a user of the Pencila Platform (“User”) want to upload any content to the Pencila Platform or download any content from the Pencila Platform, you must agree to be bound by the terms of these License Terms (which, for the avoidance of doubt, also apply retroactively to all User’s actions on the Pencila Platform prior to these License Terms taking effect).
1. Rights to Use Pencila Content
Unless otherwise explicitly provided in these License Terms, all rights to photos, design templates, fonts, and illustrations on the Pencila Platform (“Pencila Content”) are – in the relationship between the User and Pencila – owned by Pencila or its licensors.
Pencila Content:
Pencila grants the User, for the time of the User’s Subscription plan, a non-exclusive, worldwide, non-transferable, and non-sublicensable right to use:
- Pencila Content as such, and/or
- Pencila 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:
Pencila grants the User, who is on a Pro or Expert Subscription plan, exclusive ownership and all associated rights to any images generated using the Pencila AI image generator (“AI-Generated Images”). The User may:
- Use AI-Generated Images as part of individual(ized) designs on the Pencila 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 Pencila 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 Pencila Platform ("User Uploads"), they retain all rights to their content. However, the User grants Pencila 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 Pencila 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 Pencila Platform and its services.
Private Use:
If the User does not share their content publicly, Pencila will only use the User Uploads to enable the User to use and create content with the Pencila Editor or any other related Pencila services. This includes processing and storing the User Uploads on local servers.
Permitted Use
You are allowed to use Pencila Content in the following ways:
- For personal projects, commercial projects, or for (commercial) projects commissioned by third parties
- Projects commissioned by third parties mean any creation or use of Pencila Content by the User for another person – for example, a client, employer, or contractor
- For multiple clients and multiple projects
- There is no limit to the number of times the Pencila Content may be used
- For physical end products (whether for sale or not)
- For all kinds of merchandise, such as t-shirts, posters, mugs, etc., including print-on-demand products with no limit on quantity
- As rasterized images as part of digital end products (whether for sale or not)
- Digital end products mean products like an e-book, digital magazine, or digital calendar that contain Pencila Content as part of the product (excluding any use as stock material for re-use by third parties)
- As content created solely using User Uploads and/or AI-generated images to sell as stock material
- As rasterized images for websites, apps, video games, or social media posts (whether sold or not)
Prohibited Use
You are not allowed to use Pencila Content in the following ways:
- Compete with Pencila’s business
- This includes sharing, selling, distributing, or making Pencila Content available for download on platforms that compete with the Pencila Platform, including image stock platforms, digital marketplaces, or cloud-based design software.
- Claim rights to register Pencila Content
- This includes the registration of Pencila Content as such and/or using (parts of) Pencila Content as or for trademarks, design marks, trade names, service marks, or other marks.
- Mislead the Pencila community if content was created with AI features
- This includes the obligation to notify the Pencila community that content was generated with AI features.
If the User creates and uses Pencila 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 Pencila” 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 Pencila Platform, all rights in such content shall immediately vest in and belong solely and entirely to Pencila. In order to complete such ownership by Pencila, Pencila and the User agree that the User herewith assigns and transfers to Pencila any and all rights in the User Created Designs and/or AI-Generated Images to the extent (co-)owned by the User. Pencila hereby accepts such assignment and transfer. To the extent such assignment and transfer of rights is legally not possible, the User grants to Pencila an exclusive, worldwide, perpetual, irrevocable, royalty-free, locally and substantially unlimited, transferable, sublicensable, 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 License Terms – unknown way.
The rights of use granted in this Section 3 include, 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.
For Broadcast Licensing please contact sales.
Frequently Asked Questions
Can I use my designs to sell print on demand products?
Yes, Pencila Users are permitted to use their designs to sell all kinds of merchandise, such as t-shirts, posters, mugs, etc., including print-on-demand products with no limit on quantity.
What are the rights for selling AI-generated designs?
Designs containing only AI-generated images:
- Pro or Expert users: You own any images you create using Pencila AI, which allows you to sell these designs freely. However, we recommend checking the T&C of the platform where you’re selling to ensure compliance with its policies.
- Free users: Your images become part of the Pencila Content library, which means you cannot sell them as stock material on other platforms.
Designs containing AI-generated images and Pencila content:
- Pro or Expert users: You can definitely sell your designs on physical items like t-shirts or mugs or as part of digital products like ebooks, with no limit on the amount sold. You can also use them for clients' projects. However, you can’t sell these designs as stock material.
- Free users: The same guidelines as for Pro and Expert users apply, with the requirement of adding “provided by Pencila” to your designs.
Do I need to customize design templates to sell them as print products?
It is not mandatory to customize templates to sell them as print products. However, we highly recommend customizing templates to a certain extent as marketplaces like Etsy, Redbubble, or Amazon Merch, flag and remove product duplicates in their listing.
Are graphics that I upload to Pencila private?
Yes, Pencila will only use your Uploads to enable you to use and create designs in the Pencila Editor. This means processing and storing your uploads on our servers as necessary for you to use our services effectively.
Can I use my designs to sell as stock graphics on other platforms?
Reselling Pencila Content (photos, design templates, fonts, and illustrations) as stock material on other platforms is not allowed. Designs created solely using your own Uploads and/or AI-generated images are permitted for reselling purposes. Furthermore, it’s permitted to sell digital end products such as e-books, digital magazines, or digital calendars that contain Pencila Content as part of the product.
Can I claim rights to register designs created in Pencila?
You cannot claim rights to register designs using Pencila Content for
trademarks, design marks, trade names, service marks, or other marks. Designs created solely using your own Uploads and/or AI-generated images are permitted for trademarking. Pencila takes no responsibility for such cases.
Can I use my design commercially after my subscription expires?
Absolutely! You can keep using and selling your designs for personal and commercial purposes after your Pro or Expert subscription expires. Just be sure to keep your account open, even if it’s just with a free subscription.
Will I lose the rights to my designs if I upload them to Pencila just to remove the background or use the AI image upscaler?
Absolutely not, you will retain exclusive rights as long as you don't publish it with the Pencila community.
Questions?
If you have questions about publishing designs, don’t hesitate to contact us. We’ll get back to you within 24 hours.
