Terms of Service

1. About these terms

These Terms of Service ("terms") are an agreement between you and Design Musketeer LLC ("we", "us" or "our"). We are based at 26517 Danti Court, Hayward, California 94545, United States. We run Stitch and Threads, an AI embroidery digitizer at stitchandthreads.com (the "service").

By using the service, including just browsing this site, you agree to these terms. If you don't agree, please don't use the service.

These pages are part of these terms:

• Your artwork and files
• Refund Policy

Our Privacy Policy explains how we handle your personal data.

If you use the service for a business, you confirm that you can accept these terms for that business. In that case, "you" also means the business.

2. Who can use the service

• You must be at least 13 years old. If the law where you live sets a higher minimum age for using online services (for example, 16 in some countries), you must be at least that age.
• You must be able to form a binding contract. If you are under 18, or under the age of adulthood where you live, a parent or guardian must agree to these terms for you and give you permission to use the service.
• The service is not directed to children under 13.
• You can't use the service if we have closed your account before for breaking these terms, or if the law doesn't allow you to use it.

3. Accounts

Creating an account. You need a free account to digitize your art. You can sign up with your name, email address and a password, and start right away. We'll email you a link to confirm your address, and a reminder or two until you do. You can also use "Continue with Google", "Continue with Apple" or "Continue with Microsoft". By creating an account, or by continuing with Google, Apple or Microsoft, you agree to these terms and our Privacy Policy.

Your responsibilities.

• Give us accurate information and keep your email address up to date.
• Keep your password safe, and don't share your account.
• You're responsible for what happens under your account.
• Tell us right away at hello@designmusketeer.com if you think someone else has used your account.
• Keep to one account per person. Don't create extra accounts to get more free designs.

4. The service is in beta

Stitch and Threads is in beta. That means:

• features may change, break or be removed;
• we may add or change limits on uploads, designs or downloads;
• things may not always work as expected.

Keep your own copies of the files you download. Please tell us about problems at hello@designmusketeer.com. It helps us fix them.

5. What the service does, and its limits

How it works. You upload artwork as a PNG or JPG file, up to 25 MB. We digitize it in 4 styles and show you a rendered preview of each one. You pick one and download a machine embroidery file in DST, PES, JEF, EXP, VP3 or XXX format. AI models help plan the stitches.

Sample mode. Until the digitizer is switched on, the site may show our sample designs instead of digitizing your file, and it says so on screen when it does. In sample mode, nothing is made from your file, and there's nothing to download or pay for.

What works best. The service works best for logos, lettering, clip art and line drawings. Photos are experimental and may give poor results.

Previews are not sew-outs. Previews are computer renders, not photos of real stitching. How a design really stitches depends on your fabric, stabilizer, machine, needle, thread, hooping and settings.

No human review. No person checks your files before you download them.

No guarantee for every machine. We can't promise that a file will sew the same way on every machine. Always run a test stitch on similar fabric before you sew on a garment or start a production run.

Download links. Each download link works only once. Downloading the same design again is free.

6. Free designs, credits and Pro

Free designs.

• Each account gets 5 free designs. No card is needed.
• You use 1 free design the first time you download a design.
• If that download fails, we give the free design back.
• Downloading the same design again, or in a new size, is free.
• Free designs have no cash value and can't be sold or transferred.

Paid credits and Pro (coming soon). Payments are not live yet, and we won't charge you anything today. When we launch paid credits and the Pro plan:

• We'll show you the price, what you get and any taxes before you pay.
• A third-party payment processor will handle payments. We won't store your full card number.
• Credits can only be used on Stitch and Threads. They have no cash value and can't be transferred, except for refunds under our Refund Policy. Any other details, such as how long credits last, will be shown before you buy.
• Pro is a subscription that renews automatically until you cancel. Before you subscribe, we'll show you the price, how often you'll be charged and how to cancel. You'll be able to cancel online at any time. Your plan stays active until the end of the period you've paid for.
• If we change a price, the new price applies only to future purchases, or to your next renewal after we tell you about it. You can cancel before it applies.

Refunds are covered by our Refund Policy.

7. Your artwork and the files you download

• You keep all rights in your artwork.
• You own the embroidery files you download. You can use them commercially, for example on merchandise or for client work. This is subject to any rights other people have in the artwork.
• You give us a limited license to store, process and display your artwork, only so we can provide the service.
• We don't use your uploaded artwork or your designs to train AI models.
• You may only upload artwork you own or have permission to use.

The full details are on Your artwork and files, which is part of these terms.

8. Rules for using the service

Don't upload content that:

• you don't own or don't have permission to use;
• infringes anyone's copyright, trademark, privacy or other rights;
• is illegal, or promotes illegal activity;
• is hateful, or attacks or demeans people because of their race, ethnicity, national origin, religion, disability, sex, gender identity, sexual orientation or similar traits;
• is sexually explicit;
• threatens or harasses anyone, or promotes violence;
• contains malware or code meant to cause harm.

Content that sexually exploits children is strictly banned. We report it to the authorities as the law requires.

Don't misuse the service. For example, don't:

• get around free design limits or sign-up limits, including by creating extra accounts;
• use bots, scrapers or scripts to access the service, unless we've agreed in writing;
• copy, reverse engineer or try to extract our software, models or stitch methods, except where the law allows it;
• probe or test our security, overload our systems, or try to get into other people's accounts or data;
• sell, rent or share access to the service or your account without our written permission;
• use the service to build a competing product;
• use the service in a way that breaks any law.

We may remove content and limit, suspend or close accounts that break these rules (see section 12).

9. Copyright and trademark complaints

If you think someone has used your work on Stitch and Threads without permission, use the notice-and-takedown process on Your artwork and files. We close the accounts of repeat infringers when appropriate.

10. Our service and brand

The service belongs to us and our licensors. This includes the website, software, stitch engine, styles, previews, and the Stitch and Threads name and logo. These terms don't give you any rights in them, except the right to use the service.

We give you a personal, limited, non-exclusive, non-transferable right to use the service under these terms. We can take this right back if you break these terms.

If you send us ideas or feedback, we can use them freely, without paying you or giving you credit.

11. Other companies' services

If you use "Continue with Google", "Continue with Apple" or "Continue with Microsoft", that company's own terms and privacy policy apply to your account with them. When payments go live, the payment processor's terms will also apply to your payments. We're not responsible for other companies' services.

12. Suspension and closing accounts

You can stop at any time. To delete your account, email hello@designmusketeer.com from the email address on your account. Our Privacy Policy explains what we delete and when.

We may act when needed. We may remove content, limit features, or suspend or close your account if:

• you break these terms;
• we need to protect our users, other people, the service or us;
• the law requires it.

We'll usually tell you why, unless the law stops us or telling you would put safety or an investigation at risk. If you think we made a mistake, email us and we'll review it.

If we shut down the service. We'll tell you in advance, by email or on the site, so you can download your files. We'll refund any unused paid credits and the unused part of any prepaid Pro period.

Sections 7, 10 and 13 to 19 keep applying after your account is closed.

13. Disclaimers

The service is in beta and is provided "as is" and "as available". To the fullest extent the law allows, we make no promises or warranties of any kind, express or implied. This includes warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We don't promise that:

• the service will be uninterrupted, secure or error-free;
• previews will match how a design really stitches;
• a file will load, or sew correctly, on every machine, fabric or setting;
• your designs will always be available, so keep copies of your files.

Some places don't allow certain warranties to be excluded, so some of this may not apply to you.

14. Limits on our liability

To the fullest extent the law allows:

• No indirect losses. We aren't liable for indirect, incidental, special, consequential or punitive damages. This includes lost profits, revenue, data, goodwill or business opportunities.
• Materials and machine time. We aren't liable for the cost of fabric, garments, blanks, thread, stabilizer, needles or other materials, or for machine time or labor. This applies even if a file doesn't sew as expected. That's why we ask you to run a test stitch first.
• Overall cap. Our total liability for all claims about the service is limited to the amount you paid us in the 12 months before the event that led to the claim. If you haven't paid us anything, it's limited to USD 50.

These limits apply to every type of claim, including contract, negligence or other tort, and even if we were told the loss was possible.

Nothing in these terms limits liability that the law doesn't allow us to limit. This includes liability for fraud, for willful misconduct, and for death or personal injury caused by our negligence.

15. Your responsibility for claims

If someone makes a claim against us because of artwork you uploaded, how you used the files, or your breach of these terms, you agree to cover our reasonable losses and costs, including reasonable legal fees, to the extent the law allows. We'll tell you about the claim and let you take part in the defense.

16. Trademarks of others

Machine brand names, such as Brother, Baby Lock, Janome, Tajima, Melco, Bernina, Husqvarna Viking, Pfaff and Singer, are trademarks of their owners. So are any file format names that belong to them. We use these names only to describe which machines and formats our files work with. We're not affiliated with, endorsed by or sponsored by any of these companies. Google and Google Cloud are trademarks of Google LLC.

17. Governing law and disputes

• Talk to us first. Most problems can be solved quickly. Before you start a legal claim, email hello@designmusketeer.com, explain the problem, and give us 30 days to try to fix it.
• California law. The laws of the State of California, United States, govern these terms and any dispute about the service, without regard to conflict-of-law rules.
• Where disputes are heard. Any dispute will be heard only in the state or federal courts located in Alameda County, California. You and we agree to the jurisdiction of those courts.
• Consumers in the EU and UK. If you're a consumer living in the EU or UK, you also keep the protection of the mandatory laws of your country, and you can bring a claim in your local courts.

18. Changes to the service and these terms

We may change the service at any time. We may also update these terms. If a change is significant, we'll tell you by email or with a notice on the site before it takes effect. If you keep using the service after that, you accept the new terms. If you don't accept them, stop using the service and ask us to delete your account. Changes won't apply to a dispute that started before the change.

19. Other legal terms

• Notices. We can send you notices by email to the address on your account, or post them on the site. They count as written notice.
• If a part is invalid. If a court finds that part of these terms can't be enforced, the rest stays in effect.
• No waiver. If we don't enforce a right right away, we don't give it up.
• Transfers. You can't transfer your rights under these terms without our written consent. We may transfer ours as part of a merger, acquisition or sale of our business or assets. We'll tell you if that happens, and these terms will keep applying.
• Events outside our control. We aren't responsible for delays or failures caused by events we can't reasonably control, such as outages at our providers, internet failures or natural disasters.
• No third-party rights. Only you and we have rights under these terms.
• Meaning of words. "Including" means "including but not limited to". Headings are for convenience only.

20. Contact us

Design Musketeer LLC 26517 Danti Court Hayward, California 94545 United States Email: hello@designmusketeer.com

Notice for California users. Stitch and Threads is free to use during the beta. We'll show prices for paid credits and Pro before you buy. Under California Civil Code Section 1789.3, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (916) 445-1254 or (800) 952-5210.