Terms of Service
The short version. This summary is here to help; the full terms below are what count.
- Your designs and uploads are yours. We only use them to run the service for you.
- You are responsible for what you upload, and we can remove material a rights holder shows us is infringing.
- The preview is a simulation — always stitch a test piece before a production run.
- Paid plans renew monthly or yearly and you can cancel any time. Payments are handled by Lemon Squeezy.
- If you are a consumer you have 14 days to change your mind, and your legal rights are not affected.
- About us
- These terms
- Your account
- Plans and payment
- Consumers: your right to cancel
- Your content
- Copyright and other rights complaints
- Acceptable use
- Machine files and stitching
- The service
- Our liability
- Suspending and closing accounts
- Changes to these terms
- Complaints and disputes
- General
1. About us
Helio Stitch is operated by City Embroidery Ltd, a company registered in Scotland under company number SC795815, whose registered office is 1 Craigswood Gate, Baillieston, Glasgow, G69 7FD. In these terms “we”, “us” and “our” mean City Embroidery Ltd.
You can contact us at [email protected]. If we need to contact you, we will use the email address on your account.
2. These terms
- These terms apply to your use of the Helio Stitch website and web application (the “Service”). By creating an account you agree to them. Please read them carefully.
- You are a consumer if you are an individual using the Service wholly or mainly for purposes outside your trade, business, craft or profession. Otherwise you are a business customer. Some terms apply only to one or the other, and say so.
- If you are a consumer, nothing in these terms affects your legal rights. For information about them, contact Citizens Advice (England and Wales), Advice Direct Scotland, or Consumerline (Northern Ireland).
- How we use personal data is explained in our Privacy notice.
3. Your account
- You must be 18 or over to create an account.
- Give us accurate information and keep it up to date.
- Keep your sign-in details secure. You are responsible for what happens under your account. Tell us straight away if you think someone else has used it.
- An account is for one person. On a plan with team seats, each person needs their own seat.
- Teams. Every account belongs to a team, which may be just you. The team holds its designs, uploads and plan. Its owners invite and remove members, manage the plan and pay for it; every member can see and change the team’s designs. If you leave a team or are removed from it, what you made there stays with the team.
4. Plans and payment
- Free plan. The free plan costs nothing and has the limits shown on our website. We may change those limits, and will give you notice if a change affects designs you already have.
- Paid plans are charged in advance, monthly or yearly as you choose, and renew automatically at the end of each period until you cancel. You can cancel at any time; cancellation takes effect at the end of the period you have paid for, and you keep your paid features until then. Apart from your rights under section 5 and anything the law requires, we do not refund part-periods.
- Lemon Squeezy. Our order process is conducted by our online reseller Lemon Squeezy, which is the merchant of record for all orders. Lemon Squeezy takes payment, handles VAT and sales tax, issues invoices and receipts, and deals with billing enquiries. Its buyer terms apply to the purchase itself; these terms apply to the Service.
- Price changes. We will tell you by email at least 30 days before a price change takes effect. It applies from your next renewal after that notice. If you do not want to pay the new price, cancel before it takes effect.
- Moving to a lower plan or ending a paid plan. Your designs are not deleted. You can still open and export everything you made; features and limits of the lower plan then apply to new work.
5. Consumers: your right to cancel
- If you are a consumer, you may cancel a paid plan within 14 days of the day you first subscribe to it, without giving a reason.
- If you asked for the Service to start during the 14 days, and you then cancel within them, you will be refunded what you paid minus a proportionate amount for the Service you received up to the time you told us you were cancelling. Otherwise you will receive a full refund.
- To cancel, email [email protected] with a clear statement that you are cancelling. You may use the model form below, but you do not have to.
- Refunds are paid by Lemon Squeezy, as merchant of record, to the payment method you used. We will arrange yours within 14 days of hearing from you. If Lemon Squeezy’s buyer terms give you a better refund than this section, you get the better one.
To City Embroidery Ltd, 1 Craigswood Gate, Baillieston, Glasgow, G69 7FD, [email protected]: I hereby give notice that I cancel my contract for the supply of the following service: [plan name], ordered on [date], Name: [your name] Email address of the account: [email] Date: [date]
6. Your content
- “Your content” means anything you upload, import or create in the Service: designs, stitch files (such as DST and PES), images, SVG files, fonts, thread palettes and text.
- You own your content. We claim no ownership of it.
- You give us a non-exclusive, royalty-free licence to host, store, copy, process (including generating stitch plans, previews and thumbnails), back up, and show your content to you, to the members of your team and to anyone you share it with, and to send pictures you choose to Auto digitize to our AI provider for processing, only as far as we need to provide the Service. The licence ends when your content is deleted, subject to backups expiring as described in our Privacy notice. We do not sell your content, publish it, use it for advertising, or use it to train machine-learning models.
- You are responsible for your content, and liable for it. By uploading anything you confirm that you own it or have every right, licence and permission needed to use it in the Service — including artwork and logos supplied by your own customers, stitch files made by someone else, and the licence for any font you upload. Holding that licence is your responsibility, not ours.
- Your content must not infringe anyone’s copyright, trade mark or other rights, or break the law.
- If you are a business customer, you will compensate us for any losses, costs (including reasonable legal fees) and claims by a third party that arise from your content or from your breach of this section.
- We do not routinely review your content, but we may look at it where we need to — for example to deal with a complaint under section 7, to fix a fault you have reported, or where the law requires.
- We back up the Service, but you should keep your own copies of designs that matter. You can export them at any time.
7. Copyright and other rights complaints
- If you believe material in the Service infringes your copyright or other rights, email [email protected] with: the work or right concerned; enough detail for us to find the material; your name and contact details; a statement that you believe in good faith the use is not authorised by you, your agent or the law; and a statement that your notice is accurate and that you own the right or are authorised to act for whoever does.
- We may remove or disable access to material that a rights holder has shown us, to our reasonable satisfaction, is infringing, or that we are required by law to remove. We may do so without notice to the account holder first.
- We will normally tell the account holder what we removed and why, and give them the chance to respond. If they show they have the right to use the material, we may restore it.
- We may suspend or close the accounts of people who repeatedly upload infringing material.
8. Acceptable use
You must not:
- use the Service for anything unlawful, or upload material that is unlawful, infringing, threatening, hateful or obscene;
- upload viruses or other harmful code;
- try to gain unauthorised access to the Service or to other people’s accounts, or probe, scan or test its security without our written permission;
- overload or interfere with the Service, including by automated requests beyond normal use, or scrape it;
- copy, decompile or reverse engineer the Service, except as far as the law allows you to;
- resell, sublicense or share access to the Service or your account. Selling the designs and embroidery you make with it is, of course, fine.
9. Machine files and stitching
- The on-screen preview is a simulation. The fabric, stabiliser, thread, needle, tension, hooping and machine all affect how a design sews, and no preview can predict every one of them.
- Always stitch a test piece before a production run, and check a file’s size, colours, stops and hoop fit for your machine and material. You are responsible for that check.
- If you are a business customer, we are not liable for spoiled garments, blanks or materials, thread, needles, machine time or production costs arising from sewing a file, except as set out in section 11.1.
- If you are a consumer and digital content we supply damages a device or other digital content you own because we did not use reasonable care and skill, we will repair the damage or compensate you. Your other legal rights are unaffected.
10. The service
- We work to keep the Service available, but we cannot promise it will always be uninterrupted or free of errors. We may need to pause it for maintenance.
- We may change, improve, add or remove features. If we remove a feature that is a material part of a paid plan, we will give you reasonable notice; if the change makes your paid plan materially worse, you may cancel and we will refund any payment for the period after the change.
- Features marked as experimental or for debugging are provided as they are, without any promise that they will keep working.
- The Service includes open-source software and typefaces, listed with their licences on our attribution page. Those licences govern those components. Designs you make with the bundled typefaces are yours.
11. Our liability
- Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else the law does not allow us to limit or exclude.
- If you are a consumer: we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable. If you use the Service for a business, we have no liability to you for loss of profit, loss of business, business interruption or loss of business opportunity.
- If you are a business customer: all terms implied by law are excluded as far as the law allows. We are not liable, whether in contract, delict (including negligence), breach of statutory duty or otherwise, for loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss. Our total liability to you arising out of or in connection with these terms is limited to the greater of the fees you paid us in the 12 months before the event giving rise to the claim, and £100.
12. Suspending and closing accounts
- You may close your account at any time from your Account page, or by emailing [email protected] from the address on the account. Before an account can be closed, a team with other members needs another owner, and a paid plan that is still renewing must be cancelled.
- We may suspend or close your account straight away if you seriously or repeatedly break these terms (in particular sections 6, 7 or 8), if a payment fails and is not put right, or where the law requires it or it is needed to protect the Service or other users. Otherwise we may close an account for any reason by giving you at least 30 days’ notice, and if you have paid in advance for a period after closure we will refund that part.
- If we close your account, you will have 30 days to export your designs (unless the material is unlawful or we are required to remove it). If you close it yourself, please export anything you want to keep first. Your data is then deleted as described in our Privacy notice.
- Sections 6.6, 11, 14 and 15 continue to apply after an account closes.
13. Changes to these terms
- We may change these terms — for example to reflect changes in the law, in the Service or in how we run it. For a material change we will email you at least 30 days before it takes effect. If you have a paid plan and do not accept the change, you may cancel before it takes effect and we will refund any payment for the period after that date.
- We may make minor changes, such as corrections and clarifications, without notice. The version and effective date at the top of this page always show which terms apply.
14. Complaints and disputes
- If you have a complaint, please email [email protected] first. We will acknowledge it within 5 working days and aim to resolve it within 30 days.
- These terms are governed by Scots law.
- If you are a consumer, you may bring proceedings in the courts of Scotland, or, if you live in England and Wales or Northern Ireland, in the courts of the part of the UK where you live.
- If you are a business customer, the courts of Scotland have exclusive jurisdiction.
15. General
- These terms, together with anything they refer to, are the whole agreement between you and us about the Service.
- We may transfer our rights and obligations under these terms to another organisation. We will tell you if we do, and if you are a consumer and unhappy with the transfer you may cancel and receive a refund of any payment for the period after the transfer. You may transfer yours only with our written agreement.
- No one else has any right to enforce these terms, whether under the Contract (Third Party Rights) (Scotland) Act 2017, the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- If a court decides part of these terms is unlawful, the rest stays in force.
- If we do not enforce a right straight away, we can still enforce it later.
- We are not responsible for delays or failures caused by events outside our reasonable control. If such an event lasts more than 30 days, you may cancel a paid plan and receive a refund of any payment for the period after cancellation.