THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND TheEmbroideryWarehouse, Inc. (hereinafter “TEWH”) GOVERNING YOUR USE OF TEWH SUITE OF ONLINE BUSINESS PRODUCTIVITY AND COLLABORATION SOFTWARE. Threads Embroidery Software (hereinafter “ThreadsES”) is a Membership based embroidery digitizing, lettering and editing software suite. If you have a paid membership to ThreadsES, your membership is charged recurring depending on what membership plan you belong to and how your payment terms are setup.
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.
We provide you with a Membership to our Threads Embroidery Software which is a recurring billing membership system. You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You are responsible for obtaining access to the Internet and the equipment necessary to use the Service, such as when updating and verifying memberships.
We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services” or “Test Membership” or “Test Memberships” or “Educational Membership” or “Educational Memberships”) for the purpose of testing, educational, and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that TEWH will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to support@ThreadsES.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
The Service may include certain communications from TEWH, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.