TERMS OF USE AND END USER LICENSE AGREEMENT

Last Updated: January 9, 2026

1. Acceptance of Terms

By downloading, installing, accessing, or using the "Embroidery Design Services" mobile application (the "App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the App. This agreement is between you and [Your Company Name] ("Service Provider", "we"), and not with Apple, Inc. ("Apple").

2. Description of Service

The App provides professional embroidery digitizing services. Users can upload images to be converted into embroidery machine-readable file formats (such as .DST, .PES, .EMB).

3. In-App Purchases and Payments

  • Purchases: The App offers paid services ("Services") available for purchase via Apple's In-App Purchase system.
  • Pricing: Prices for digitizing tiers (Basic, Standard, Premium, Enterprise) are displayed within the App at the point of purchase.
  • Payment Processing: All financial transactions are handled securely by Apple via your iTunes Account. We do not store your credit card details.
  • Refunds: All purchases are final. Refunds are processed solely by Apple in accordance with their refund policies. We cannot issue refunds directly.
  • Turnaround Time: While we specifically aim for a one-hour turnaround, delivery times may vary based on complexity and volume.

4. User Content and Intellectual Property

  • Your Content: You retain all rights to the images and designs you upload. By uploading content, you grant us a temporary license to use, modify, and reproduce the content solely for the purpose of fulfilling your order.
  • Deliverables: Upon full payment, you are granted full ownership rights to the digitized embroidery files delivered to you.
  • Copyright Infringement: You warrant that you own or have the necessary licenses for any content you upload. You agree not to upload any content that violates third-party copyrights or trademarks.

5. Apple-Required Terms (EULA)

  • Acknowledgement: These Terms are concluded between you and us only, not with Apple. We are solely responsible for the App and its content.
  • Maintenance: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  • Warranty: We are solely responsible for any product warranties. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
  • Product Claims: You acknowledge that we, not Apple, are responsible for addressing any claims relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • Intellectual Property Rights: In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  • Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

6. Limitation of Liability

To the fullest extent permitted by law, the Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with your use of the App.

7. Contact Information

If you have any questions about these Terms, please contact us at:

Chat on WhatsApp