Terms of Service

These Terms of Service (these "Terms") are entered into between you and Embrowser ("Embrowser," "we," "our," or "us"), and govern your access to and use of our website (embrowser.com), our embroidery design application, and related services (collectively, the "Services").

By indicating your acceptance of these Terms or by using the Services, you agree to be bound by these Terms. If you are accessing or using the Services on behalf of an entity (such as your employer), then you agree to these Terms on behalf of yourself and that entity, you represent that you are authorized to accept these Terms on behalf of that entity, and all references to "you" and "your" reference that entity.

ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE "DISPUTE RESOLUTION" SECTION BELOW, THESE TERMS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST EMBROWSER TO BINDING AND FINAL ARBITRATION SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION.

BY ENTERING INTO THESE TERMS, YOU AND EMBROWSER ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.

1. Embrowser Obligations

1.1. Access to the Services

Subject to the terms and conditions of these Terms, Embrowser hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your internal business or personal purposes. Free accounts may be used for personal use and evaluation; commercial use may be subject to feature limits. Hobby plans are designed for individual creators and small-scale commercial use. Business plans are intended for professional and commercial operations with higher usage needs.

1.2. Data Protection

Embrowser implements and maintains physical, technical, and administrative security measures designed to protect the embroidery designs and materials that you develop on or upload to the Services ("Customer Content") from unauthorized access, use, or disclosure. For more information about how we process and protect your data, please review our Privacy Policy at embrowser.com/privacy.

1.3. Third-Party Resources

Applications, plugins, fonts, and materials that are developed or provided by parties other than Embrowser ("Third-Party Resources") are not part of the Services. We are not responsible for Third-Party Resources, and your use of such resources is at your own risk.

Third-Party Font Licenses: Certain embroidery fonts included in the Services are licensed under open-source licenses such as the SIL Open Font License (OFL). These fonts remain governed by their original licenses, and your rights under those licenses are not affected by these Terms. See embrowser.com/licenses for details. Embroidery designs you create using these fonts can be used and distributed under any terms you choose.

2. Service Terms

2.1. Who May Use the Services

You must be at least 13 years old (or the minimum age required in your jurisdiction to use the Services). If you are under 18 (or the age of majority where you live), you may use the Services only with the consent of a parent or legal guardian who agrees to these Terms on your behalf.

2.2. Use Restrictions

Except as otherwise expressly authorized in these Terms, you will not, and will not encourage or assist third parties to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Services (except to the extent such restriction is prohibited by law)
• Provide, sell, resell, transfer, sublicense, lend, distribute, rent, or otherwise allow others to access or use the Services
• Copy, modify, create derivative works of, or remove proprietary notices from the Services
• Use the Services to violate any applicable law or regulation, or to infringe on the rights of others

These restrictions apply to the Embrowser application and Services, not to Third-Party Resources that have their own licenses (such as OFL-licensed fonts) or to your Customer Content.

2.3. Acceptable Use

You agree to use the Services responsibly and not to:

• Upload, create, or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services or any other systems or networks
• Use the Services to transmit any viruses, worms, malware, or other malicious code

2.4. Account Management

You are responsible for maintaining the security of your account credentials and for all activities that occur under your account. You will:

• Provide accurate and complete account information
• Maintain the confidentiality of your username and password
• Notify us immediately of any unauthorized use of your account
• Not share your account credentials with others

2.5. Customer Content

You retain all right, title, and interest in your Customer Content. You represent and warrant that you own or have obtained all necessary rights to submit Customer Content and that our use of Customer Content as contemplated by the Services will not violate any law or infringe any third-party rights.

You grant Embrowser a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, modify (solely for formatting and technical purposes such as format conversion and stitch generation), display, and transmit Customer Content to provide, maintain, and improve the Services. This license terminates when you delete your Customer Content or your account, except to the extent required to maintain backups or as required by law.

Embrowser reserves the right to remove or disable access to any Customer Content that violates these Terms or applicable law, or that we reasonably believe may create liability for Embrowser.

2.6. Feedback

If you provide Embrowser with feedback, comments, or suggestions concerning the Services (collectively, "Feedback"), you grant Embrowser the right to use such Feedback to maintain, improve, and enhance Embrowser's products and services.

2.7. Usage Data

Embrowser may collect and analyze data relating to your use of the Services ("Usage Data"), such as feature usage, session duration, and technical logs. Embrowser may use Usage Data in de-identified and aggregated form to maintain, improve, and enhance our products and services. Usage Data excludes Customer Content itself.

2.8. Service Limits and Fair Use

Each subscription plan includes usage limits (such as storage limits, compute limits, stitch generation limits, and API rate limits) as described at embrowser.com/pricing. Embrowser reserves the right to throttle, rate-limit, suspend, or restrict access to features if we detect abusive, excessive, or unauthorized usage that degrades the Services for other users or exceeds reasonable use patterns. We may modify these limits over time and will provide notice of material changes.

2.9. Copyright Infringement (DMCA)

Embrowser respects intellectual property rights and expects users to do the same. If you believe content on the Services infringes your copyright, please review our DMCA Policy at embrowser.com/dmca for information on how to submit a takedown notice. We maintain a repeat infringer policy and may terminate the accounts of users who repeatedly infringe copyrights.

2.10. Ownership

Embrowser and its licensors retain all right, title, and interest in and to the Services, including all software, technology, and intellectual property rights. No rights are granted to you other than as expressly set forth in these Terms.

2.11. Beta Features

Certain features may be offered as beta, preview, or experimental features. Beta features are provided "as is" and may be modified, suspended, or discontinued at any time without notice. We may also modify stitch generation algorithms, fill patterns, and other output-affecting features as we improve the Services.

3. Billing

3.1. Subscription Plans

Embrowser offers different pricing plans, including Free, Hobby, and Business plans. The features and limits of each plan are available at embrowser.com/pricing. Paid subscriptions automatically renew on a monthly or annual basis as applicable, at the then-current rate, unless you cancel before the renewal date.

3.2. Subscription Fees

Subscription fees for paid plans are due and payable in advance for each subscription term. When you purchase a subscription, you expressly authorize Embrowser (via our third-party payment processor, Stripe) to charge your payment method for the initial payment, subscription renewals, and any other purchases you make.

3.3. Automatic Renewal

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY OR ANNUAL BASIS AS APPLICABLE, AT THE THEN-CURRENT RATE, UNLESS YOU CANCEL IT BEFORE THE RENEWAL DATE.

3.4. Cancellation

You may cancel your subscription at any time through your account settings. Your cancellation will take effect at the end of the current subscription term, and you will continue to have access to paid features until that time.

3.5. Refunds

Payments for Embrowser subscriptions are non-refundable, except as expressly stated in these Terms (for example, if we terminate a paid subscription without cause as described in Section 7.2) or where required by applicable law. However, if you're unhappy with Embrowser for any reason, please contact us via the support chat widget or email support@embrowser.com, and we'll work with you to make sure you have the best experience possible.

3.6. Changes to Pricing

Embrowser reserves the right to change subscription fees at any time. Changes to pricing that apply to an existing subscription will take effect at the next renewal unless we specify otherwise. If you object to a price change, you may cancel your subscription before the renewal date.

3.7. Taxes

Subscription fees do not include applicable taxes. You are responsible for all taxes, duties, and governmental assessments applicable to your subscription, except for taxes based on Embrowser's net income.

4. Warranties and Disclaimers

4.1. Mutual Warranties

Each party represents and warrants that: (a) it has the legal authority to enter into these Terms; and (b) it will comply with all applicable laws in performing under these Terms.

4.2. Embrowser Warranties

Embrowser warrants that it will provide the Services with reasonable care and skill, and employ industry-standard security measures to protect the Services from malware and unauthorized access.

4.3. Disclaimer

EXCEPT FOR THE EXPRESS WARRANTIES STATED ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. EMBROWSER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EMBROWSER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. THIRD-PARTY RESOURCES ARE PROVIDED BY THIRD PARTIES, NOT EMBROWSER, AND EMBROWSER HAS NO RESPONSIBILITY OR LIABILITY FOR THIRD-PARTY RESOURCES.

4.4. Embroidery Output Disclaimer

Embroidery output depends on many factors outside Embrowser's control, including but not limited to embroidery machine model, hooping technique, stabilizer selection, fabric type, thread tension, needle condition, and machine settings. You are solely responsible for testing designs before production use. Embrowser does not guarantee that any generated, edited, or exported design will stitch without defects, equipment issues, or material damage.

4.5. Export Format Disclaimer

The Services support export to various embroidery file formats (such as PES, DST, JEF, EXP, and others). Embrowser does not guarantee compatibility with every embroidery machine, software application, or workflow. You are responsible for validating exported files in your specific environment before production use.

5. Indemnity

You will indemnify, hold harmless, and, at Embrowser's option, defend Embrowser from any third-party claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including reasonable legal fees, arising out of or related to: (a) your Customer Content; or (b) your violation of these Terms or applicable law.

6. Limitations of Liability

6.1. Limitation of Indirect Liability

UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE), WILL EMBROWSER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, USE, OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF EMBROWSER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.2. Limitation on Amount of Liability

EMBROWSER'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (a) $100; OR (b) THE SUBSCRIPTION FEES PAID BY YOU TO EMBROWSER IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

6.3. Basis of the Bargain

THE LIMITATIONS IN THIS SECTION 6 ALLOCATE RISKS BETWEEN YOU AND EMBROWSER. THESE LIMITATIONS ARE REFLECTED IN OUR PRICING AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

7. Term and Termination

7.1. Term

These Terms take effect when you first access the Services and continue until: (a) if you have a paid subscription, the termination or cancellation of your subscription; or (b) if you have a free account, when your account is deleted.

7.2. Termination

Embrowser may suspend or terminate your access to the Services at any time if you violate these Terms. If Embrowser terminates your paid subscription for reasons other than your breach of these Terms, Embrowser will provide a pro-rata refund of prepaid fees for the unused portion of your subscription.

7.3. Effect of Termination

Upon termination, Embrowser will make your Customer Content available for electronic retrieval for 30 days. After 30 days, Embrowser may delete stored Customer Content. Embrowser may retain copies for a limited period in backups and logs as described in these Terms and our Privacy Policy. The following sections will survive termination: Sections 2.5-2.7 (Customer Content, Feedback, Usage Data), 3 (Billing, to the extent fees are owed), 4.3 (Disclaimer), 5 (Indemnity), 6 (Limitations of Liability), and 8 (Miscellaneous).

8. Miscellaneous

8.1. Changes to These Terms

Embrowser may modify these Terms at any time. We will post the most current version at embrowser.com/terms and notify you of material changes via email or through the Services. By continuing to use the Services after revised Terms become effective, you agree to be bound by the new Terms.

8.2. Changes to the Services

Embrowser may add, change, or remove features or functionality, or discontinue the Services at any time. If Embrowser discontinues a paid service during your subscription, we will either migrate you to a substantially similar service or provide a pro-rata refund for the remaining subscription period.

8.3. Governing Law

These Terms and all claims arising out of or relating to these Terms will be governed by the laws of the State of California without regard to conflict of laws provisions, except that the Federal Arbitration Act governs provisions relating to arbitration.

8.4. Dispute Resolution

Arbitration Agreement: You and Embrowser agree to resolve disputes arising out of or relating to these Terms or your use of the Services through binding arbitration instead of court, except that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

What is Arbitration? Arbitration uses a neutral arbitrator instead of a judge or jury. The arbitrator's decision is binding and enforceable in court. Court review of an arbitration award is very limited.

No Class Actions: YOU AGREE TO RESOLVE CLAIMS WITH EMBROWSER SOLELY ON AN INDIVIDUAL BASIS, NOT AS PART OF A CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION. YOU AND EMBROWSER ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.

Arbitration Process: Before initiating arbitration, you must send a written notice describing your claim to support@embrowser.com at least 60 days in advance. If not resolved within 60 days, arbitration may be initiated with National Arbitration and Mediation (NAM) under its Comprehensive Dispute Resolution Rules. If NAM is unavailable or unwilling to serve, the parties shall mutually agree on an alternative arbitration provider, or if unable to agree, either party may petition a court of competent jurisdiction to appoint an arbitrator.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to support@embrowser.com within 30 days of first accepting these Terms. Your notice must include your name, email address, and an unequivocal statement that you are opting out of arbitration.

Dispute Resolution Without Arbitration: If you opt out of arbitration or if the arbitration agreement is found unenforceable, the sole jurisdiction and venue for any claims will be the state and federal courts located in San Francisco, California, and both parties consent to the jurisdiction of such courts.

8.5. Assignment

You may not assign or transfer these Terms or your account without Embrowser's prior written consent. Any attempted assignment in violation of this section is void.

8.6. Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be modified to the extent necessary to make it enforceable, or if that's not possible, it will be severed, and the remaining provisions will continue in full force and effect.

8.7. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Embrowser regarding the Services and supersede all prior agreements and understandings.

8.8. Notices

Notices to Embrowser: You may send notices to us by email at support@embrowser.com. Except where prohibited by law, you agree that email notices satisfy any legal requirement that notices be in writing. Notices are effective when sent.

Notices to You: We may send notices to you by email to the address associated with your account, by in-application notifications, or by posting notices in the Services. Notices are effective when sent, posted, or made available in the Services, as applicable.

DMCA Notices: Copyright infringement notices must be submitted to our Designated Agent in accordance with our DMCA Policy at embrowser.com/dmca.

8.9. Contact Us

If you have questions about these Terms, please contact us at support@embrowser.com or via the support chat widget (available to users with Embrowser accounts).