Terms of Service for Stitch Official

Welcome to Stitch Official, operated by [Your Company Name] ("we," "us," or "our"). These Terms of Service ("Terms") govern your use of the website https://www.stitchofficial.com/ and all related services, including but not limited to, the submission and digitizing of artwork and designs (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. User Accounts and Responsibilities

• Account Creation: You must provide accurate and complete information during the sign-up process, including your Name, Organization Name (if applicable), Contact Information, and Account Credentials.
• Account Security: You are responsible for maintaining the confidentiality of your securely encrypted password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
• Communication Records: We retain chat transcripts and email correspondence to improve our services and manage your account effectively.

2. Intellectual Property & Design Ownership (Critical Clause)

2.1 Ownership of Original Designs (User-Submitted Artwork)

You retain all ownership rights, including copyright and any other intellectual property rights, in the original designs, artwork, and logos ("Original Designs") that you submit to Stitch Official for digitizing or production.

2.2 Ownership of Digitized Files (The Output)

The resulting digitized embroidery file (e.g., .DST, .PES, .JEF) created by us based on your Original Design is considered a **work-for-hire**. Upon final payment for the digitizing service, **Stitch Official grants all rights, title, and interest in the specific digitized file back to you.** We may retain copies for backup and archival purposes, and for facilitating future orders, but we will not sell or distribute your specific digitized file to any other party without your explicit permission.

2.3 Permission to Use and Showcase Designs

By submitting your Original Design, you grant Stitch Official a non-exclusive, royalty-free, worldwide license to use, reproduce, and display images of the finished product (the digitized or embroidered design) for the sole purpose of **showcasing our work and services** on our website, social media, and marketing materials. If you wish to **opt-out** of this showcase feature, you must notify us in writing via your provided contact email address.

2.4 User Warranty and Indemnification

You warrant that you have all necessary rights, licenses, and permissions to submit the Original Designs to us for digitizing and that the designs **do not infringe upon the intellectual property rights, trademark, or copyright of any third party.** You agree to indemnify, defend, and hold harmless Stitch Official against any claims, damages, liabilities, and expenses (including attorney's fees) arising from any breach of this warranty.

3. Payment, Billing, and Third-Party Processors

All payments for services rendered must be made via the payment methods offered on the Service.

Financial Information: We do not collect or process any credit card or banking details through our servers. All financial transactions are entrusted to **secure, PCI-compliant third-party payment gateways**. You agree to comply with the terms and conditions of our third-party payment processors.

4. Prohibited Activities

You may not use the Service to:

• Submit Original Designs that are abusive, defamatory, obscene, or otherwise objectionable.
• Engage in fraudulent activity or impersonate another person or entity.
• Interfere with or circumvent the security features of the Service.
• Systematically retrieve data or content to create or compile, directly or indirectly, a collection, compilation, database, or directory without express written permission from us.

5. Disclaimer of Warranties and Limitation of Liability

The Service is provided on an AS-IS and AS-AVAILABLE basis. We make no warranties regarding the accuracy of digitized files beyond industry standards. While we implement security measures, including secure encrypted servers leased from WEBNX Inc. for data storage, we cannot guarantee the absolute security of data transmission over the Internet.

To the maximum extent permitted by applicable law, in no event shall Stitch Official be liable for any indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever, including without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Service.

6. Governing Law and Dispute Resolution

These Terms and your use of the Service are governed by and construed in accordance with the laws of New York/ United State, without regard to its conflict of law principles. Any legal action or proceeding related to the Service shall be brought exclusively in the courts of New York.

7. External Links

Our website may contain links to third-party sites for informational purposes. Upon navigating to an external site, you become subject to its terms, policies, and practices. We are not responsible for the content, policies, or practices of these external websites.

8. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes via email or prominent notification on our website. Your continued use of the Service following such changes constitutes your acceptance of the revised Terms.

9. Contact Information

For questions or concerns regarding these Terms, please contact us at:

[Your Company Name]
[Your Contact Email Address]