Terms of Service

FontMarket - Foundry Terms & Conditions 1.0

About these terms & conditions

When you (“Foundry” or “you”) join as a foundry and submit your fonts to FontMarket (“Platform”), which is operated by Creative Fabrica B.V. (“Creative Fabrica” or “we”), either via our website, email, or any other channel to FontMarket or Creative Fabrica’s staff for the purpose of making them available on the FontMarket platform, you automatically agree to these terms & conditions. You fully acknowledge the fact that as a Foundry you are bound by these terms. This agreement specifically governs the relationship between you, as the creator and rights holder of your fonts, and Creative Fabrica, operating FontMarket, for the licensing of those fonts to customers on FontMarket.

If you do not agree with these terms and conditions, do not continue to use the website and/or submit products.

Exceptions

Any exceptions to these foundry terms & conditions can be agreed upon between Foundry and Creative Fabrica. These exceptions are made via email and are binding as an addendum to these terms & conditions.

No Exclusivity

Your relationship with Creative Fabrica is non-exclusive. This means that you are allowed to sell your work on any site, store, or marketplace and are allowed to participate in any bundle or deal.

Ownership & Copyright

By submitting fonts to the Platform, you confirm that (i) the content was originally created by you; (ii) you have acquired the full rights to the content; or (iii) if you work on behalf of an author, you have explicit permission from the author to share their work on the Platform. You acknowledge and agree that you are solely responsible for ensuring the legality of the content you submit. Creative Fabrica does not assume any responsibility for verifying ownership or legality of submitted content.

In case a dispute is filed in relation to the content you have submitted to the Platform, we reserve the right to temporarily or permanently remove your submission and to provide statistics & contact information to claimants.

Any purchase made by a customer is subject to our Terms of Service and License Agreement, which stipulate that the intellectual property rights for the designs remain with you as the creator of the content. If a customer or rights owner encounters copyright or intellectual property issues related to your products, you agree that we may share your contact information with the customer in question and/or rights owner to facilitate resolution. This information may include, but is not limited to, your name, email address, and any other relevant contact details.

Limited License; Permitted Uses

By submitting your work (fonts), you grant Creative Fabrica and its successors a worldwide, non-exclusive, royalty-free, perpetual license and right to use, sub-license, publish, distribute, and sell your products for the purpose of marketing and distributing your works to customers, developing new products, and any other business purposes related to FontMarket. You agree that Creative Fabrica has the right to sell and distribute your work in unlimited amounts on FontMarket. In addition, you agree that we are allowed to sell various perpetual worldwide commercial licenses for your fonts, as described on fontmarket.com/licenses. You agree that your products are offered under the licenses that are applicable as outlined on FontMarket.

Content Policies

Creative Fabrica enforces content policies (the “Content Policies”) to ensure that material uploaded to the Platform complies with our standards for quality and safety, and our intellectual property policy. As a foundry, you are solely responsible for ensuring that all fonts you submit to the Platform complies with these policies.

The following type of content is expressly prohibited:

Content that does not meet our quality standards:

Content that fails to meet our standards for quality, such as poorly hinted fonts, incomplete character sets, or technically flawed font files, may not be uploaded.

Hate speech and violence:

Content that promotes, encourages, or incites hate speech, violence, or similar harmful conduct is not allowed.

Misleading or inaccurate content:

Content that is misleading, deceptive, or contains false information is prohibited.

Unlawful content:
Content that violates applicable laws.

In addition, to maintain compliance with our intellectual property policy and copyright laws, uploaded content must adhere to the following standards:

You confirm that every item submitted is either your original creation, content for which you have acquired the full rights OR, if you work on behalf of an author, you have explicit permission from the author to put their work on the Platform.
Trademarks, brand names, or logos of third parties may not be used within the font design or accompanying materials, unless you have obtained demonstrable permission.
Uploading replicas, near-identical copies, or derivative works that infringe third parties’ intellectual property rights is prohibited.

In addition to the restrictions outlined in the Content Policies, you agree that you will not engage in activities that may harm or disrupt the Platform, including but not limited to:

exploiting or manipulating the Platform for financial gain beyond what is expressly permitted in these terms;
using the Platform to distribute malware or other harmful software;
engaging in deceptive, fraudulent, or unlawful activity; or
using the Platform for spam, phishing, or any unauthorized marketing campaigns.

You are also prohibited from engaging in activities that undermine the integrity of the Platform, such as submitting false claims, artificially inflating product ratings, or engaging in misleading marketing practices, posting content that does not comply with Content Policies, failing to comply with verification requirements, engaging in fraudulent or deceptive practices, and repeated violations of any of Creative Fabrica’s terms and Content Policies.

Policy Violations and Consequences

Foundries are required to comply fully with all FontMarket terms and Content Policies. To ensure compliance and authenticity, Creative Fabrica reserves the right to monitor and investigate any activities or content that appears to be fraudulent or in violation of the Content Policies or these terms. Any violation of these terms may result in suspension or termination of your account, removal of content, and forfeiture of earnings related to fraudulent activities (as further explained in the next section).

Creative Fabrica may also use automated systems and manual reviews to detect and prevent fraudulent activities and violations of Content Policies. You agree to cooperate with any investigations and to provide requested information to verify the legitimacy of your content and transactions.

Creative Fabrica may also require identity and payment verification from you, including phone and identity documents, as well as valid payment information. We may also require you to sign a self-certification, attesting that all products comply with applicable laws and regulations and our Foundry Terms and Conditions.

Creative Fabrica reserves the right to take action in case of violations as mentioned above. The actions that may be taken in case of non-compliance with the Content Policies, include, but are not limited to:

Restrictions on content visibility or availability;
Temporarily or permanently removing non-compliant content;
Requiring additional identity verification steps;
Imposing temporary payment restrictions;
Temporary suspension of the foundry’s store; and
Permanent termination of the account, which includes content removal, account closure, and forfeiture of payments by the Foundry.

If a Foundry’s account is permanently suspended or terminated due to violations of FontMarket’s policies, any additional accounts operated by the same Foundry may also be subject to suspension or termination. This includes accounts linked to the same individual or entity.

Furthermore, in the event of a suspension or a claim of intellectual property infringement related to your content, Foundries must provide proof of ownership of or permissions for use of the intellectual property rights if requested by Creative Fabrica. If Creative Fabrica receives a valid takedown notice under applicable laws, we may remove or disable access to the infringing content. You may respond to such claims by submitting a counter-notice, and Creative Fabrica will follow the applicable legal procedures for handling such disputes.

If a dispute arises with a customer or another foundry regarding the intellectual property of your products, you agree to resolve the matter directly with the involved parties. Creative Fabrica may assist (including by providing contact details to facilitate resolution). If it does so, it will do so only insofar as necessary to ensure compliance with our policies. However, Creative Fabrica can never be held liable for the outcome of any intellectual property disputes.

Payout

Foundries are paid out on a monthly basis. For license sales, the Foundry will receive 50% of the revenue Creative Fabrica earns, with the exact payment depending on the product and/or promotions.

For custom enterprise licenses negotiated by Creative Fabrica, designers receive 30% of the sale of the revenue Creative Fabrica earns for such sales. This constitutes the entire compensation and includes any applicable compensation you may be entitled to under applicable copyright law.

Creative Fabrica reserves the right to hold promotions, discounts or multi-licenses deals without prior permission from designers. Payout for these promotions will be processed via the regular payment channels and will be reflected in your dashboard.

Chargeback & Refunds

In case of refunds or chargebacks, the amount will be deducted from your earnings for that specific month. In case the payout for a certain month already occurred, Creative Fabrica will deduct the refunded amount from the earnings for the current month. In case this results in a negative balance, this balance will be offset by new earnings until the balance reaches 0.

Promotions & Advertisement

Creative Fabrica reserves the right to use your work (fonts and related promotional materials) in advertisements & promotion for FontMarket. This might include advertisement on social media channels (Facebook, LinkedIn, Twitter, and more), paid advertisement channels such as Google Ads or Facebook ads, printed advertisement, or otherwise. We also reserve the right to disclose the total amount of sales generated by your fonts to partners or in promotions.

Duration & Cancellation

This agreement is for an indefinite period. Creative Fabrica has at all times the right to terminate this agreement immediately without providing a reason. In such case, any outstanding payments will be paid in full in accordance with the normal payment cycle. However, if your account is suspended or terminated due to violations of these terms or the Content Policies, Creative Fabrica may remove your products from the platform and all earnings will be forfeited, and no payouts will be made. This is without prejudice to any potential additional liability by you towards Creative Fabrica. Additionally, you may be prohibited from reopening or creating a new account with FontMarket in the future.

As a foundry, you may terminate this agreement at any time by ceasing participation or removing your products from the Platform. If you choose to voluntarily terminate your account, your work will be removed within 3 months after termination to guarantee proper continuation of our platform and services (and you agree that during this time your work will remain available).

If this agreement is terminated, either by Creative Fabrica or by you, any licenses granted to Creative Fabrica and licenses granted to customers for products previously uploaded will remain valid and enforceable, and you will not have the right to reclaim those licenses or any associated royalties. In addition, certain other provisions, including indemnification, and other clauses that, by their nature, are intended to survive termination, shall remain active and binding beyond the termination or cancellation of your account.

Foundries may appeal terminations, account suspensions, or content removals by submitting a request to Creative Fabrica. Creative Fabrica reserves the right to deny reinstatement or reactivation of accounts based on the nature of the violation.

Confidentiality

You agree to keep confidential any information regarding the earnings for your products on FontMarket, as well as any specific terms and conditions that are agreed between you and Creative Fabric.. You may not share this information with third parties, including competitors of Creative Fabrica or others, unless this is done for legal requirements or accounting purposes, or unless you have prior written permission from Creative Fabrica.

Indemnification

You hereby agree to indemnify and hold Creative Fabrica and its affiliates, officers, employees, and agents harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

Breach of these terms or the Content Policies by you;
Copyright or intellectual property disputes and/or claims related to your submissions (fonts); and
Any violation of laws or regulations related to your content (fonts);
Any misrepresentation, fraudulent activity, or false claims made by you concerning your content or activities conducted through the Platform; and
Any indirect, consequential, or incidental claims brought against Creative Fabrica as a result of your conduct, content submissions, or interactions with customers or third parties.

This indemnification obligation survives termination of this agreement.

Limitation of Liability

Creative Fabrica acts as a platform for foundries to sell licenses to their fonts, and as such does not assume liability for disputes arising from the content submitted by foundries. You acknowledge and agree that:

If a dispute arises regarding your work (fonts) after a sale, including but not limited to claims of infringement of intellectual property rights, you, as the foundry, bear full responsibility and liability for resolving the dispute. Creative Fabrica may facilitate communication between the customer and you but will not be held liable for the outcome of such disputes.
To the fullest extent permitted by applicable law, Creative Fabrica disclaims all liability for:
inaccuracies, errors, or omissions in the content (fonts) submitted by foundries;
losses or damages resulting from customer disputes, including but not limited to intellectual property claims;
indirect, incidental, or consequential damages arising from the sale or use of your work.

Features & Changes to our website

We reserve the right to make changes to FontMarket or add/remove features at any time without prior notification. We reserve the right to make changes to our licenses, terms & conditions, cancellation & refund policy, and other texts/licenses without notifying you. These changes will, however, always be published before they will have effect.

Other agreements & terms

Creative Fabrica is not responsible for keeping copies of Foundry’s work. IIt is the Foundry’s responsibility to keep adequate copies of their work and related (promotional) materials. Accepting these terms and conditions will not render you an employee or give you other affiliation with Creative Fabrica.. You shall be fully responsible if any claims arise; Creative Fabrica. assumes no responsibilities in case of claims. This agreement and any disputes arising shall be governed in accordance with the law of the Netherlands by the courts of the Netherlands.

Governing law

This agreement shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising from this agreement shall be subject to the jurisdiction of the competent courts of Amsterdam, the Netherlands.