Download limits for unlimited downloads?

I just got this message on my Envato “Unlimited downloads” account, when trying to download:

“Download temporary restricted”.

Im suspected for “breach of fair use policy” which in my ears is just a limit set in place, as im signed up with my company CVR number, why would anyone ever breach any policies with a legit company account?

I am manually downloading each item, there is no bots or similar.

So, i wrote them to remove all limits as it does state with large text its “Unlimited downloads”, without any references to “fair use”.

Question is, how long is normal responce time for inquiries? simply because its weekend now, and of course they block me from download for 24 hours (which i also expect to get added to my account time after).

Not trying to be a jerk, but they are selling one product but delivering another limited product.

Thanks.

1 Like

The fair use element is part of the terms which any subscriber agrees to https://help.elements.envato.com/hc/en-us/articles/360000621743

Response time is usually quite quick but weekends are likely to cause some delay

3 Likes

But lets be fair then, nowhere under signup or payment does it say you have any sort of limit.

Its being sold with LARGE letters its unlimited, no “Unlimited***” or anything.

Thanks for responce, i will await responce from the team then.

1 Like

Just about every website has terms and conditions that they don’t make glaringly available - it’s still the responsibility of anyone signing up to read and abide by the terms that they agree too when joining/buying.

Based on the official help page they talk about extended limits so I imagine that it can be resolved easily.

Out of interest, given that you need to be subscribed when using an item from elements, why would you download high volumes of items? Surely it causes you to end up not using a big %?

3 Likes

A such fundamential agreement should be listet right obviously infront at ordering, you cannot slap “UNLIMITED” everywhere on every page, and then hide such a change that makes it NOT unlimited inside some terms.

Should say “You are limited to download 500 items a day”, or something when this infact what you get, legally im pretty sure Envato would loose this.

“why would you download high volumes of items? Surely it causes you to end up not using a big %?”

Because i also want to learn, how did they do this effect, how did they do that, even if i dont have a active account and can download anymore, i can still learn from the samples and data provided, instead of starting from scratch.

Tell this to my internet service provider please. Seriously, what good is paying for an unlimited data plan when you’ll get an email threatening to terminate your service after uploading a 1TB cloud backup during off-peak hours?!? :sweat:

It’s been a few months since that happened, and I’m still a bit tilted over it, so I get you.

The problem with listing restrictions from the terms like you propose is that the entirety of the terms are there to impose limitations and establish rights. You can’t simply add one excerpt from the terms without listing all of them.

The fair use policy linked above is not the only policy defined in the terms. Your proposed statement of “You are limited to download 500 items a day” would quickly turn into several paragraphs or more in order to cover everything to the satisfaction of their legal team.

Since you’re operating on a company account, it’s especially important to review terms for compliance. Every online service will have various restrictions that businesses especially should be aware of, those terms are not decorative.

Envato simply does not intend for assets to be stockpiled or downloaded quickly. Their target use case is to download one asset, use it in a project immediately, download the next asset, and repeat. It sounds like you have a pretty unique use case, so reaching out to them will be necessary.

2 Likes

I have no issues actually with some sort of limits a day, let me make that clear, downloading maximum 300-400 a day is fine, but why make that a limit in first place? i mean even with just a single month, that makes 9.300+ downloads.

What i do have a issue with though, is they are claiming, like REALLY claiming, its like their big selling point, that its unlimited downloads, and absolutely NO LIMITS.

No where here (for example) does it state any limits exept cannot use a BOT to download, and im really manually downloading each item, so why i hit any limit?, this is what i wonder.

Would be like Mcdonals offering all you can eat for 39.95$ but when you order, you get told you are violating something they wrote somewhere in a 900 pages agreement, about how much you can eat, in some cryptic way.

And im not asking them to post their intire agreement on order page or what you get when you are, but, should list this as a limit, as you are NOT getting unlimited download.

I did already write them thanks :slight_smile: lets see what they say, im not sure im completely unique in this, but i hope they will understand, i will use the items, but for internal learning, not direct use.

Yeah, I do get you.

I don’t think you’re hitting a hard “limit” so to speak. Per that message you shared above, it seems like you’re in a situation similar to mine with my internet provider.

The terms effectively clarify that the rate of downloads must be within reason, such that it’s possible to actually make use of the assets you download during your subscription period.

They will most likely set a threshold on the rate of downloads (so a function of downloads over time, rather than something like a daily limit) to detect subscribers whose download patterns are abnormal and aren’t very likely to be in compliance.

Say for example someone wanted to download 2.5 million assets to stockpile or resell them. They could achieve this by downloading one asset every second over the course of a month. That’s obviously abusive behavior.

What about 1 million assets with a download every 2-3 seconds? I would say that’s still abusive behavior for the average subscriber. How far down can we go? Where exactly do they draw the line? Realistically, they probably drew it based on actual usage by most subscribers, and wherever that is, you seem to have crossed it, at least for an “unverified” account.

In my case, my internet provider told me that uploading 1TB of data within a week is abusive and degrades the network quality for my neighbors. :eyes: Don’t mind that I limited it to 1/5 my upload speed and only ran it at the dead of night! :sweat_smile:

Let us know how your ticket goes. :grin:

2 Likes

@inTempoDK

Do Any Limits Apply to Downloads?
Envato Elements is an unlimited download subscription, meaning that you are free to download as many items as you like provided that you adhere to our user terms, Fair Use Policy and the Envato Elements license.

Under Fair Use:
You must only download Items when you have the intention to use them.
It is a breach of this policy and your User Terms to download Items that you do not intend to appropriately use, to use scripts or bots to mass download items, or to download Items in advance in order to use them after the subscription is over.

Sadly look there are links to other pages containing additional terms and conditions. Now whilst this might seem unfair, would you rather have all the nitty gritty details on one page that took you a month to scroll through?

As @charlie4282 and @baileyherbert have said “Unlimited” does not always mean UNLIMITED - we all find this out pretty quickly with say web hosts who state that word, and then realise later their bandwidth is up through the roof!

I also got the same message and am manually downloading file after file.
You write, “You must only download Items when you have the intention to use them.”
Are you perhaps deciding for me when I have the intention to use that file ? Also because there are hundreds or thousands of files to choose from. In a court of law the word unlimited has no other meaning.
You write, “It is a breach of this policy and your User Terms to download Items that you do not intend to appropriately use.” Do you get to decide appropriate use ? Must you interfere in business decisions or activities that do not concern you ?
I download the license for each project, so I have the right to use the file for that project even when the subscription has ended.

@antonios122

It is the policy of Envato not me! So if you’re not happy then take it up with Envato.

I have no intention of reselling the files I downloaded, nor of posting them on the Internet or transferring them to someone else or to a company.
I demand that Envato personally clarify to me by email what the daily download limits are, which in any case violate what they state when they use the word “unlimited downloads.” From a legal standpoint it appears to be a misleading statement

Just for clarity you cannot do that - you need to be subscribed when completing the project and cannot stockpile for future use

Excuse me, but do you or Envato know when I complete the projects ? This rule is clearly illegal or simply pretentious and absurd or impossible to establish

At this point it is not explained why files can be downloaded without a license. What would be the purpose ?

Also, once I have used the project, according to Envato I should delete it from the documentation submitted in a possible company, because otherwise they might reuse it, reconstructing from the pdf provided, the powerpoint template, or keynote ?

Just being used for educational purposes or learning and not in a client or work project then no need for a license to be downloaded.

The no stockpiling rule is to prevent people singing up for a month, downloading hundreds of assets then unsubscribing.

Other than the upload of new content people doing that removed the need to sign up for any significant period of time which is detrimental to envato’s business and to authors’ earning potential.

Also if you think about themes etc - support and updates are not included like themeforest so downloading and not using it for ages runs a risk of the item then being out of date or non-functional whereas if you were still actively subscribed then there’s a better chance you can get the right copy.

Finally given that as a subscriber we all agree to these rules, if for any reason there’s an issue and envato revoke your account then all items (including those correctly license) become voided also.

Dear charlie4282,
first of all I subscribed one year.
Also, not everyone can afford, like you, to keep subscribing year after year.
If this is Envato’s policy, then it is reserved for an elite.
At this point, it is better for the company to openly state that the service is not for everyone. They don’t have to allow a monthly subscription, because they damage the authors.
Finally, what is stated on the website, including the rules and terms of use, is clearly misleading and unenforceable.
How do you demonstrate how you will use them and when the projects will be completed and/or used?
You cannot prove anything unless you have the right to violate user privacy.

Explain what the difference is in downloading 10, 100, 1000 files.
Once the download is done, you can’t delete the file from the user’s computer, nor can you know what use it will be, and when it will be used. Explain to me technically how you can prove that file was used after the subscription expired. You can’t. Neither can Envato.
Rule useless and impossible to apply.

They should openly state that it is not worthwhile to subscribe except for many years.

In addition, it is evident from the forum that several subscribers complain about the rules and terms of use.
In conclusion, you should explain to me how Envato would be able to delete the downloaded files.
It is a nonsensical business policy, which harms the authors and the company itself anyway.
It is nice to write “unlimited” in order to sell and then revoke at will.

To be clear - you do not need to remain subscribed just to use an item - you need to be subscribed when completing a project. Once that is done then you can continue to use it for that project/purpose.

They would not be able to delete it, but they could revoke the license. It would not stop you physically using it but if for any reason there were issue where it became known that the license was no longer valid then that could lead to different issues.

At the end if the day, anyone subscribing has accepted terms that dictate how the service operate. If they choose not to abide by those terms then it seems rather odd that they would choose to accept them in the first place.

You’d have to ask envato officially about any methods to manage licensing but the ‘they can’t prove it’ attitude is not very responsible. Envato Elements Help and Support

They are their rules, inapplicable, I didn’t decide them.
And in any case writing “unlimited” is misleading