Terms of Service

Who you are contracting with

Stitchly is operated by Nymbo SpA, DBA Stitchly, a company incorporated in Chile. In these terms, "Stitchly", "we", and "us" mean that company, and "you" means the person or organization using the service.

Eligibility

You need to be at least 18 years old, or the age of majority where you live, to use Stitchly. If you accept these terms for an organization, you confirm that you may bind it, and these terms then apply to that organization.

Your account

Give an email address you actually control, because it is how we verify the account and how we reach you. Keep access to it secure. You are responsible for what happens under your account, so tell us at once if you think someone else can reach it.

An account belongs to one person, and Stitchly is built around a single active session for it: signing in again can end the session you left open elsewhere, and unsaved work in an ended session can be lost. Do not share an account or your sign in links with anyone else.

Acceptable use

While using Stitchly, do not do any of the following.

• Upload or produce content that is unlawful, that infringes someone else's copyright, trademark, or other rights, or that you have no right to use.
• Upload malware, or files crafted to attack our processing of them.
• Try to break, overload, probe, or bypass the service, its rate limits, its authentication, or its Export Job allowances.
• Reverse engineer, decompile, or copy the service except where the law says you may despite this clause.
• Resell, sublicense, or run Stitchly as a service for others, or scrape it in bulk, without our written agreement.
• Use another person's account, or let another person use yours.

Your content stays yours

You keep every right you already had in the artwork, fonts, embroidery files, text, and Projects you bring to Stitchly, and in the machine files and Run Sheets you export from it. We claim no ownership of them.

To run the service for you, we need a narrow permission: you grant us a non exclusive, worldwide, royalty free license to host, store, copy, transmit, convert, digitize, render, index, and generate previews and derived files from your content, for the sole purpose of operating Stitchly and delivering results back to you. That license extends to the providers listed in the Privacy Policy only as far as their part of that work requires, and it ends when you delete the content, subject to the deletion limits that policy describes.

Fonts and artwork you upload

Before you upload a font or a piece of artwork, make sure you are allowed to use it that way. Many font and artwork licenses restrict conversion, embroidery output, or commercial use, and some forbid them outright. That is between you and the rights holder, and you are responsible for it.

If we receive a credible complaint that something you uploaded infringes someone's rights, we may remove it and, where the conduct repeats, close the account.

What belongs to Stitchly

The software, the interface, the name Stitchly, the logo, the documentation, and the designs and fonts in the Stitchly library are ours or our licensors'. You may use the library designs and fonts inside Stitchly to make embroidery, including embroidery you sell, but you may not redistribute or resell them as designs, fonts, or a design library, and you may not present them as your own catalog.

Free Plan and Pro Plan

The Free Plan needs no card. It allows three successful Export Jobs for the lifetime of the account, not three per month. An Export Job that fails does not consume the allowance. Once the three are used, further exports require the Pro Plan.

The Pro Plan removes that limit and costs 9 US dollars a month or 90 US dollars a year. Both plans give the same editor, the same import and export formats, and a printable Run Sheet with every export.

We can change what a plan includes and what it costs. Where a change affects a subscription you are already paying for, it takes effect at your next renewal, and we will tell you before that renewal.

Billing, renewal, and cancellation

Polar is our merchant of record. Polar takes the payment, issues the invoice, and handles any tax that applies to it, so your contract for payment is with Polar as well as with us. Prices are in US dollars and, unless stated otherwise, exclude tax.

A subscription renews automatically for the same period until you cancel. You can cancel at any time from the billing portal. Cancelling stops the next renewal and leaves the Pro Plan active until the end of the period you already paid for. We do not refund the unused part of a period by default.

None of that displaces a refund, withdrawal, or cancellation right that consumer law gives you and that cannot be waived. Where such a right applies, it applies. Write to us and we will honor it.

Machine files and compatibility

Stitchly writes PES, DST, and JEF files and reads those formats plus SVG artwork. Embroidery machines differ in what they accept: hoop sizes, stitch counts, color change handling, file size, and firmware quirks all vary by model. We cannot and do not guarantee that a given file will load or sew correctly on a given machine.

Check the file against your machine's own limits before you rely on it, and keep your machine's manual as the authority on what it accepts.

Test sew before you commit

An embroidery design is a physical process. Density, stabilizer, fabric, thread, needle, and hooping all change the result, and a design that looks right on screen can pucker, break threads, or damage material.

Always test sew on scrap of the same material before stitching anything you cannot replace. You are responsible for your machine, your materials, and the results, including any damage or waste that a sew out causes.

Availability and changes to the service

Stitchly is an evolving product. We may add, change, or remove features, and the service can be unavailable during maintenance or because of a failure at us or at a provider. We offer no uptime commitment and no service level agreement. Keep your own copies of exports you care about.

Suspension and termination

You can stop using Stitchly at any time and delete your account from Account. We can suspend or close an account that breaches these terms, that is being used unlawfully, or that puts the service or other people at risk. Where circumstances allow, we will tell you first and give you a chance to put it right.

If we close your account for breach, we may end the subscription without a refund, except where consumer law requires one. When an account ends, the deletion rules in the Privacy Policy apply.

Disclaimers

To the extent the law permits, Stitchly is provided as it is and as it is available, without warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non infringement. We do not warrant that the service will be uninterrupted or error free, that a digitized result will match your intent, or that an exported file will sew as expected.

Nothing in this section excludes a warranty or guarantee that the law where you live gives you and that cannot be excluded, including the guarantees under Chilean consumer protection law.

Limitation of liability

To the extent the law permits, we are not liable for indirect, incidental, special, consequential, or punitive damages, nor for lost profits, lost business, or lost or corrupted data, however caused. Our total liability arising out of or relating to Stitchly is limited to the greater of the amount you paid us in the twelve months before the event and fifty US dollars.

These limits do not apply to liability that cannot be limited by law, including liability for fraud, for willful misconduct, for death or personal injury caused by negligence, and for the non waivable rights that consumer protection law gives you.

Indemnity

Where the law allows it, you will defend and hold us harmless against claims, losses, and reasonable costs that arise from content you uploaded, from your breach of these terms, or from your unlawful use of the service. This does not apply where the law where you live does not permit such an obligation, and it does not apply to claims caused by us.

Governing law and where disputes are heard

These terms are governed by the laws of Chile, and disputes arising from them or from your use of Stitchly are submitted to the ordinary courts of Santiago, Chile.

If you are a consumer, this does not take away the protection of the mandatory rules of the country where you live, and it does not stop you bringing a claim before the courts or consumer authorities that the law of that country gives you.

Changes to these terms

We may update these terms. The new text is published here with a new effective date, and where a change materially affects you we will say so on the site before it applies. Continuing to use Stitchly after that means you accept the new terms. If you do not accept them, stop using the service and, if you subscribe, cancel.

The rest

If a provision of these terms turns out to be unenforceable, the rest stays in force and the unenforceable part is read as narrowly as it needs to be to stand. Not enforcing a term once does not waive it. You may not transfer this agreement without our consent; we may transfer it as part of a reorganization or sale of the business. These terms, together with the Privacy Policy, are the whole agreement about Stitchly between you and us.

Contact

Nymbo SpA, DBA Stitchly. Questions about these terms go to hello@embroiderydesignmaker.com.