These Terms of Service ("Terms") govern your access to and use of Plushify (the "Service"), owned and operated by Stamm Software ("Stamm Software," "we," "us," or "our").
By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
1. Description of the Service
Plushify is an online service that allows users to upload 3D models and generate sewing patterns from those models. The Service includes features such as setting and changing seams, naming pattern pieces, setting colors, adding markings, specifying pattern size, and printing or exporting the resulting sewing patterns.
Some preview functions of the Service may be available without an account, but full access to create, view, print, and export patterns requires a user account.
2. User Accounts
To use the full features of the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete information during the registration process.
- Maintain the security of your password and accept all risks of unauthorized access to your account.
- Promptly notify us if you discover or otherwise suspect any security breaches related to the Service.
3. Service Plans and Subscriptions
Plushify is offered under two plans: a "Free" plan and a paid "Pro" plan.
a) Free Plan
- Usage Limit: The number of projects that users of the Free plan can create is limited.
- Feature Limitations: Certain features, such as specific export options, are not available to Free plan users.
- License: The Free plan is provided for personal, non-commercial use ONLY. See Section 4 (License) for specific restrictions.
b) Pro Plan
- Features: The Pro plan grants users access to all features of Plushify for as long as their subscription is active.
- Subscription: The Pro plan is a recurring subscription. You will be billed in advance on a recurring and periodic basis (e.g., monthly or annually).
- Cancellation: You may cancel your Pro plan subscription at any time. Your cancellation will take effect at the end of your current billing period. You will retain access to all Pro features until the end of that billing period.
- License: The Pro plan includes a commercial use license. See Section 4 (License) for details.
c) Payments and Refunds
- All payments for the Pro plan are handled by our third-party payment processors.
- No Refunds: Payments are non-refundable, except where explicitly required by applicable law. We provide a Free plan to allow you to evaluate the Service and determine if it meets your needs before purchasing a Pro plan.
4. Intellectual Property and License to Use
a) License to Use the Service Stamm Software grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms and the limitations of your chosen plan (Free or Pro). This license is for the use of the software tool itself.
b) Your Ownership of Your Creations You retain all intellectual property rights to the 3D models you upload ("User Content") and to the unique, creative sewing patterns you generate using the Service ("Generated Patterns"). Stamm Software claims no ownership rights over your User Content or your Generated Patterns.
c) Free Plan License The license to use the Service under the Free plan is granted to you strictly for personal, non-commercial purposes only. By using the Free plan, you agree as a condition of this license that you will not:
- Sell, license, or distribute any Generated Patterns created with the Free plan.
- Sell physical items made from Generated Patterns created with the Free plan.
- Commission a third party to produce physical items from Generated Patterns created with the Free plan. Any commercial use of the Service or its outputs created with the Free plan is a material breach of these Terms.
d) Pro Plan License (Commercial Use) The license to use the Service under an active Pro plan subscription is granted for all purposes, including commercial use. This license permits you to:
- Sell, license, and distribute Generated Patterns.
- Sell physical items made from Generated Patterns.
- Commission third parties to produce items from Generated Patterns.
If your Pro plan subscription is cancelled or expires, this commercial license remains in effect for all Generated Patterns you created during the period your Pro subscription was active. You may continue to use those specific patterns commercially indefinitely.
5. User Conduct and Restrictions
You agree that you will not:
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service.
- Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
- Use any automated system, robot, "bot," "spider," or "scraper" to access, query, or extract data from the Service.
- Use the Service for any illegal, harmful, or unauthorized purpose.
- Upload any 3D models or content that you do not have the legal right to use.
6. Data and Privacy
- a) User Data You retain all ownership rights to the 3D models you upload to the Service ("User Content"). By uploading User Content, you grant Stamm Software a limited, worldwide, non-exclusive license to host, process, and modify your User Content solely for the purpose of providing the Service to you (e.g., to generate the pattern).
- b) Service Data The Service stores data on secure servers, including those operated by our service provider, Cloudflare. We also store some data on your local machine, such as session cookies and a cache of your projects, to improve your user experience.
- c) Privacy Policy Our collection and use of personal information are governed by our Privacy Policy. By using the Service, you consent to our data practices as described in the Privacy Policy.
7. Disclaimers of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
STAMM SOFTWARE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT:
- THE SERVICE WILL MEET YOUR REQUIREMENTS.
- THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
- THE SEWING PATTERNS GENERATED BY THE SERVICE WILL BE ACCURATE, OF A CERTAIN QUALITY, USABLE, OR FIT FOR YOUR INTENDED PURPOSE.
YOU USE THE SERVICE AND ANY GENERATED PATTERNS AT YOUR OWN SOLE RISK.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STAMM SOFTWARE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
- ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL;
- ANY LOSS, DAMAGE, OR CONSEQUENCES (WHETHER DIRECT OR INDIRECT) RESULTING FROM YOUR USE OF THE PLUSHIFY SERVICE OR THE SEWING PATTERNS GENERATED BY IT.
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF STAMM SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, (B) FRAUD OR FRAUDULENT MISREPRESENTATION, (C) GROSS NEGLIGENCE (grobe Fahrlässigkeit) OR WILLFUL MISCONDUCT (Vorsatz), OR (D) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY GERMAN LAW.
9. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and the license terms for patterns generated during an active Pro subscription (Section 4.d).
10. Changes to These Terms
We may update these Terms from time to time. If we make significant changes, we will provide notice by updating the date at the top of this page. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.
11. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.
Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the competent courts of Berlin, Germany.
12. Contact information
If you have any questions about these Terms, please contact us: legal@stamm-software.com.