License Agreement | online illustration store polikarpovaart

License Agreement (Public Offer)

for the sale of digital graphic collections (illustrations, patterns) and brushes for Procreate

Revision of 03/08/2025

1. The Preamble

Individual entrepreneur Polikarpova Alena Vadimovna, TIN 551901500983, OGRNIP 323554300001522, address: 646160, Omsk region, Lyubinsky district, Lyubinsky village, Matrosova str., 54, sq.2 (hereinafter referred to as the "Seller"), publishes this public Offer, which is an official offer addressed to individuals (hereinafter referred to as the "Buyer") conclude a contract for the purchase and sale of digital goods on the terms set out below.

This Offer is posted on the Internet at: https://polikarpovaart.com/license_agreement and https://polikarpovaart.com/shop , as well as on other pages of the site containing information about digital goods.

2. Terms and definitions

2.1. Digital goods — graphic collections (illustrations, patterns) and brushes for the Procreate program offered for sale on the Seller's Website.

2.2. License — permission for the use of digital goods by the Buyer in accordance with the terms of the chosen license: commercial or extended commercial, the rights and limitations of which are described in this Offer and on the Seller's website (https://polikarpovaart.com/License_Terms)

2.3. Website — the Seller's website at https://polikarpovaart.com/ and other electronic resources owned by the Seller.

2.4. The Buyer is a capable individual who placed an order on the Seller's website, paid for the digital product and accepted the terms of this Offer.

2.5. Order is a request made by the Buyer for the purchase of a digital product with an email address for sending a download link.

2.6. Acceptance — the Buyer performs actions to pay for the digital product in full, which means full agreement with the terms of this Offer and the license agreement.

3. Subject of the agreement

3.1. The Seller undertakes to provide the Buyer with access to the selected digital product in the form of a download link, and the Buyer undertakes to pay for the product and use it in strict accordance with the terms of the selected license.

3.2. All digital goods are provided exclusively in electronic form and do not have a physical carrier.

3.3. There is no personalization, individual modification or modification of digital goods.

4. The order processing, payment and access procedure

4.1. The cost of each digital product is indicated on the Website and is valid at the time of placing the order.

4.2. Payment is made by 100% prepayment in any way provided on the Website (through payment services or other methods available at the time of purchase).

4.3. After payment confirmation, an email with a link to download the digital product is automatically sent to the e-mail address specified by the Buyer within 15 (fifteen) minutes.

4.4. If the email has not been received within 15 (fifteen) minutes, the Buyer is obliged to check the "Spam"/"Promotions" folder and, if necessary, contact the Seller by e-mail polikarpovaart@yandex.ru with full name, e-mail, and payment information. The Seller undertakes to manually provide the download link within two (2) business days.

4.5. The download link may be shared by all Buyers. The Buyer is responsible for non-disclosure of the link and transfer to third parties.

5. License Terms

5.1. The Buyer is granted a non-exclusive license to use the digital product under the selected license:

Commercial license for graphic collections:

allows the use of digital goods for personal and commercial projects
the use of digital goods is allowed to create up to 5,000 (five thousand) units of final products (printed or digital: postcards, merch, packaging, prints, etc.), as well as for posting on the Internet as part of the Buyer's projects.
the use of digital goods is allowed for one business account on social networks and one website owned and operated by the Buyer.
the final product for sale can be a digital design or a physical product that you intend to sell to multiple individuals for any fee, but ensuring that no third parties can extract the source resource.
the end user can select, customize, or resize the digital or physical end product, provided that they cannot extract the source resource.
it is forbidden to use in logos, trademarks, embroidery schemes, resell, transfer to third parties, post on stocks, in NFT projects, and open source applications.

Extended Commercial License for graphic collections:

allows you to use digital goods in any way permitted by the Commercial License and in accordance with the obligations and restrictions therein.;
allows the use of digital goods without restrictions on the circulation and quantity of final products, as well as for the creation of logos, embroidery schemes
the use of digital goods is allowed for an unlimited number of business accounts on social networks owned and operated by the Buyer
the use of digital goods is allowed to create physical advertising
the remaining restrictions (prohibition of placement on stocks, in NFT, resale, transfer to third parties, integration into open source applications, trademarks without modification) remain in place.

Commercial license for brushes and canvases for Procreate:

allows you to create and sell your own graphics, cliparts, designs, book illustrations made with brushes and canvases, including for commercial purposes
to use your resources (graphics, cliparts, designs, book illustrations) made with brushes and canvases in an unlimited number of commercial projects
brushes and canvases Procreate They can only be installed on devices used by the Buyer.
commercial use only, without the right to resell, transfer to third parties, integration into other programs, publication, placement on stocks, in NFT, etc.

5.2. The buyer is not entitled to:

to use the product contrary to the restrictions of the selected license;
distribute, transfer to third parties, or post a link to download the file in the public domain;
sublicense, resell, distribute, access, share, or transfer any resources (for example, in the form of shares, in a tool, application, or template, with source files and/or not included in the final product) under any circumstances, even for free. Uploading a resource to a website with a resolution higher than the display resolution of the intended viewing device will be considered an attempt to redistribute graphics. You agree to take all commercially reasonable measures to prevent access and/or duplication of Resources by third parties. If you become aware of any unauthorized duplication or access to any of the Resources, please let me know by email.
allow anyone other than the Buyer, such as the end user, to customize a digital or physical end product if they can extract the source resource. It is prohibited for any user other than the Buyer to have access to the assets.
to imply or assert that you are the author of the work, even if you have made changes.
resell the resource directly or as part of a broader design/product where the original resource can be extracted in its original form.
to include digital goods in large sets in digital form, even if the rest of the goods in this set do not belong to the Seller.
to register as a trademark a digital product or an end product that includes a product – even logos. If you use a digital product to create a logo for yourself or a customer, keep in mind that other customers/third parties may use the same digital product, even in a different logo, i.e. the product is not exclusive.
sublicense, resell, distribute, access, share, or transfer any Procreate brushes and canvases included in the brush sets. Copying and customizing brushes and canvases for repackaging and sale is strictly prohibited.
to use the product in projects that violate the legislation of the Russian Federation, as well as in projects related to discrimination, hatred, prohibited symbols, etc.

5.3. Violation of the license terms entails automatic termination of the license (termination), blocking of re-access to the goods and the Seller's right to claim compensation for damages and expenses (including legal fees).

6. Rights and obligations of the parties

6.1. Seller's obligations:
6.1.1. Provide the Buyer with access to the purchased digital product (download link) within the time limits specified in this Offer.
6.1.2. Ensure that the download link is operational within 5 (five) business days from the date of shipment, unless otherwise specified in the product description.
6.1.3. When contacting the Buyer by e-mail, in case of problems with receiving the link, promptly (within 2 business days) manually provide the download link.
6.1.4. Comply with the requirements of the legislation of the Russian Federation on personal data.

6.2. Seller's Rights:
6.2.1. At any time, unilaterally change the assortment, price, license terms, payment methods and other parameters of goods with the publication of information on the Website.
6.2.2. Terminate the license and block the Buyer's access to the goods if violations of the license terms are detected, without refund.
6.2.3. Use technical and legal means to protect your copyrights.

6.3. Buyer's responsibilities:
6.3.1. Provide correct contact information when placing an order.
6.3.2. Do not disclose to third parties the received link to download the digital product.
6.3.3. Use the digital product only within the terms of the granted license.
6.3.4. Not to use digital goods for purposes prohibited by the law of the Russian Federation, as well as not to violate copyrights and other rights of third parties.

6.4. Buyer's Rights:
6.4.1. Get access to the digital product, subject to proper payment.
6.4.2. Contact the Seller by e-mail polikarpovaart@yandex.ru in case of technical problems with receiving or using the file, provide the data confirming the purchase.

7. Liability of the parties

7.1. The Seller is responsible only for the actual damage caused to the Buyer due to his fault, and is not responsible for the lost profits of the Buyer.

7.2. The Seller is not responsible for the inability to use the digital product for reasons related to incompatibility or incorrect operation of the Buyer's software (in particular, the absence or inconsistency of the Procreate software version and/or incompatibility of the device with it).

7.3. The Seller is not responsible for the consequences of unauthorized access to the Buyer's e-mail or the transfer of the download link by the Buyer to third parties.

7.4. The Buyer is responsible for all actions performed using the download link received by him, as well as for violation of the license terms.

7.5. Violation of the terms of use, an attempt to illegally distribute files, transfer of access to third parties is the basis for termination of the license without refund and with the possibility of recovery of damages.

8. Terms of refund

8.1. A refund is possible only in case of repeated (erroneous) purchase of the same digital product by one Buyer. For a refund, you must contact by e-mail polikarpovaart@yandex.ru by specifying the purchase number, e-mail, full name, and/or attaching a screenshot confirming the double payment.

8.2. Refunds are carried out only on condition that both orders were placed on the same e-mail address, and the Buyer did not violate the terms of this Offer.

8.3. In other cases, including the inability to use the product for reasons unrelated to the Seller (lack of necessary software, incompatibility of the device, changed his mind, etc.), the refund will not be carried out, since the product belongs to the category of digital objects and is non-refundable (art. 26.1 of the GDPR, paragraph 21 of the Rules for the sale of goods remotely).

9. Technical requirements

9.1. To use Procreate brushes, the Buyer needs an iPad device with an installed and current (supported) version of Procreate 5 and higher.

9.2. Graphic collections require standard programs for opening files (for example, .jpg, .png, .psd, .zip, etc.), the list of formats is indicated in the product description.

9.3. The Buyer is solely responsible for the compliance of his equipment and for the necessary requirements.

10. Force majeure

10.1. The Parties are released from liability for partial or complete non-fulfillment of obligations under this Offer if it resulted from circumstances of force majeure (force majeure) that arose after the conclusion of the Agreement and beyond the control of the will of the parties.

10.2. The circumstances of force majeure include: disruptions in the operation of global networks, disruptions in the operation of payment systems, natural disasters, acts of government authorities, technical failures on the side of file storage services, wars, emergencies and other similar circumstances.

10.3. The Party for whom the circumstances of force majeure have occurred is obliged to notify the other party by e-mail.

11. Age, legal capacity, personal data, reviews

11.1. The Buyer can only be a capable individual. Minors have the right to make purchases only with the consent of their parents or legal representatives.

11.2. By accepting the terms of the Offer, the Buyer confirms his consent to the processing of personal data for the purpose of fulfilling the Contract (identification, order execution, feedback). The Personal Data Policy (privacy policy) is posted on the website.

11.3. By sending a review (in any form: on the website, by e-mail, in social networks, messengers), the Buyer grants the Seller the right to use, publish, quote and edit such a review in any Seller's materials, without paying additional remuneration.
11.4. The review may be published without specifying the Buyer's personal data (unless otherwise agreed).
11.5. The Buyer has the right to withdraw consent to the publication of the review by sending a written request to the Seller's e-mail. In this case, the review will be deleted/hidden within 10 (ten) days from the date of the request.

12. Dispute settlement

12.1. The parties undertake to resolve all disputes related to the execution, modification, and termination of this Offer through negotiations and pre-trial settlement of claims.

12.2. The Buyer's claims are sent in writing to the Seller's e-mail polikarpovaart@yandex.ru . The Seller reviews the claim within 10 (ten) calendar days and sends a response to the Buyer's e-mail.

12.3. If no agreement is reached, the dispute is subject to resolution in court at the Seller's place of registration, unless otherwise provided by the legislation of the Russian Federation for consumers.

13. Changing the terms of the offer

13.1. The Seller has the right to unilaterally change the terms of this Offer, license and other agreements, as well as the assortment, cost and parameters of the goods.
The changes will take effect from the moment the new version of the Offer is published on the Website, unless another deadline is specified in the text of the changes.

13.2. The terms of the Offer in the wording current at the time of acceptance (payment of the order) apply to each Buyer.

14. Final provisions

14.1. The law of the Russian Federation applies to the relations of the parties.

14.2. If any provision of this Offer is declared invalid, the remaining provisions remain in force.

14.3. All notices and communications related to the execution of the Offer may be sent by the parties by e-mail.

14.4. The Offer is valid indefinitely until it is withdrawn by the Seller or replaced by a new version.

15. Details of the Seller

Individual entrepreneur Polikarpova Alena Vadimovna
TAX ID 551901500983
OGRNIP 323554300001522
E-mail: polikarpovaart@yandex.ru
Phone: +7 952 275-97-73
Website: https://polikarpovaart.com/