Terms of Service

These Terms of Service ("Terms") are an agreement between you and Rogelio Oseguera de la Cruz, an individual doing business as "Satinwise," located in Mercedes, Texas, United States ("Satinwise," "we," "us," or "our"). They govern your use of satinwise.com, the Satinwise web app, and related services (the "Service"). By creating an account, starting a free trial, subscribing, or otherwise using the Service, you agree to these Terms, our Privacy Policy (satinwise.com/privacy), and our Refund Policy (satinwise.com/refunds). If you do not agree, do not use the Service. 1. THE SERVICE Satinwise is online software for machine embroidery. Depending on your plan, it lets you: - read and analyze embroidery files (stitches, colors, size, estimated time, hoop fit, matching threads); - quote jobs using your own costs and margins; - convert between machine formats and optimize color order; - improve files (close gaps, remove tiny stitches, add trims); - turn simple images into embroidery files, with optional background removal ("Image to embroidery," offered as a Beta feature); - get plain-language explanations generated with artificial intelligence ("Explain with AI"); - keep track of orders, customers, recorded payments, and workshop capacity. Satinwise does not charge your customers or process their payments. The orders section only records what you enter. 2. ELIGIBILITY AND ACCOUNTS 2.1. You must be at least 18 years old and able to enter into a binding contract to create an account or subscribe. The Service is not directed to children under 13, and children under 13 may not use it. 2.2. Accounts are created and managed through our authentication provider, Clerk. You must give accurate information and keep it up to date. 2.3. You are responsible for all activity under your account and for keeping your sign-in credentials secure. Tell us right away at [email protected] if you think someone has accessed your account without permission. 2.4. Do not create more than one account to get additional free trials or Free plan allowances. 3. PLANS, PRICES, AND FREE TRIAL 3.1. Free plan. The Free plan costs nothing and does not require a card. It includes limited monthly allowances, which are shown on the Plans page and reset on the 1st of each month (UTC). 3.2. Pro plan. Pro costs USD $9.99 per month, plus any applicable taxes. It gives you access to every tool without the Free plan's monthly allowances, subject to reasonable fair-use limits that protect the Service, such as a monthly cap on AI explanations per account. 3.3. 7-day free trial. You can try Pro free for 7 days, one time per person. We ask for a card when the trial starts but charge $0 that day. UNLESS YOU CANCEL BEFORE THE TRIAL ENDS, YOUR CARD WILL BE CHARGED USD $9.99 (PLUS ANY APPLICABLE TAXES) AUTOMATICALLY WHEN THE 7 DAYS END, AND USD $9.99 EVERY MONTH AFTER THAT UNTIL YOU CANCEL. The trial is not available again if you subscribe a second time, use a different account, or use a variation of the same email address. To enforce this, we keep a one-way cryptographic hash of your normalized email address (see the Privacy Policy). We may refuse or end a trial if we detect abuse. 3.4. Complimentary Pro. We may give Pro at no cost to specific accounts (for example, beta testers), with or without an end date. When it ends, the account moves to Free unless it has a paid subscription. 3.5. Promotion codes. We may offer discount codes at checkout. Each code has its own conditions, has no cash value, and may expire. 3.6. Taxes. Prices are in U.S. dollars. Where the law requires it, sales or use tax will be added and shown before you confirm payment. 4. AUTOMATIC RENEWAL, PAYMENT, AND CANCELLATION Summary: Pro is a monthly subscription that RENEWS AUTOMATICALLY every month at USD $9.99 (plus any applicable taxes) until you cancel. You can cancel at any time, online, in Plan > Manage subscription. If you cancel during the free trial, you are not charged. If you cancel after you have been charged, you keep Pro until the end of the period you already paid for and you will not be charged again. Payments are non-refundable (see the Refund Policy). 4.1. Payment processor. Payments are processed by Stripe. We never see or store your full card number. We accept credit and debit cards. Stripe's own terms also apply to your payment. 4.2. Authorization. By starting the trial or subscribing, you authorize us, through Stripe, to charge your payment method USD $9.99 (plus any applicable taxes) when the trial ends (or when you subscribe, if you are not eligible for a trial) and again at the start of every monthly billing period until you cancel. 4.3. How to cancel. Sign in, open Plan, and click Manage subscription. This opens the Stripe customer portal, where you can cancel in a few clicks without calling or emailing anyone. If you cannot sign in, email [email protected] from your account's email address and we will cancel for you. 4.4. What happens when you cancel. Cancellation takes effect at the end of the current trial or paid period. Until then you keep Pro. After that, your account moves to the Free plan: your designs, quotes, and orders stay saved, but Pro tools are no longer available until you subscribe again. 4.5. Failed payments. If a charge fails, Stripe will retry it for up to 2 weeks. During that time you keep Pro for a grace period of at least 3 days. You can update your card in Manage subscription. If the payment still has not gone through when the retries end, Stripe cancels the subscription and your account moves to Free. 4.6. Price changes. If we change the Pro price, we will email you before the new price applies to your subscription, with at least the advance notice required by law. If you do not accept the new price, you can cancel before it takes effect. 4.7. Billing disputes. If you think a charge is wrong, please email [email protected] before you dispute it with your bank so we can look into it. We may suspend accounts with an open chargeback. 5. YOUR CONTENT 5.1. What you upload. You can upload embroidery files and images (up to 10 MB each, in the formats the app accepts) and enter information such as costs, quotes, machines, customers, orders, and payments you record (together, "Your Content"). Your uploaded files and images, and the files and previews created from them, are stored on our servers and linked to your account until you delete them or delete your account. 5.2. You own your content. You keep ownership of Your Content, including your images, your designs, and the embroidery files Satinwise creates, converts, optimizes, or improves from what you upload. We do not claim ownership of any of it. 5.3. Limited license to us. You give us a non-exclusive, worldwide, royalty-free license to host, copy, process, convert, display, and transmit Your Content only as needed to provide the Service to you, keep it secure, and comply with the law. This includes sending limited information to our service providers as described in the Privacy Policy. The license ends when you delete the content or your account, except for copies we must keep by law and residual copies that remain for a limited time in backups or logs. We do not sell Your Content and we do not use it for advertising. 5.4. Your responsibility for rights. You are responsible for having all the rights and permissions needed for Your Content, including logos, trademarks, artwork, and photos that belong to others (for example, your customers' logos). You promise that uploading, processing, and stitching Your Content does not infringe anyone's rights or break any law. 5.5. Your customers' information. If you store information about your own customers, you decide what to store and you are responsible for having the right to store it and for answering their requests. We process that information only to provide the Service to you. 5.6. Keep your own copies. The Service is not a backup service. Keep copies of files that matter to you. 5.7. Free file check. The free file check on our home page, which works without an account, analyzes your file and then discards it. We do not store that file. 6. ARTIFICIAL INTELLIGENCE 6.1. "Explain with AI" uses a model from OpenAI. To create an explanation, we send OpenAI text only: the design's file name, the machine details you entered, figures that Satinwise has already measured (such as stitches, colors, jumps, size, estimated time, threads, and findings) and, if you request it, the figures of your quote. We do not send your embroidery files, your images, your email address, or your customers' information to OpenAI. 6.2. Background removal for images runs on our own servers with an open-source model. Those images are not sent to OpenAI. 6.3. AI output can be wrong or incomplete. Use it as guidance only and check the design, your machine settings, and your prices before you rely on it. 7. ACCEPTABLE USE You may not, and may not help anyone else to: 1. use the Service for anything illegal or fraudulent, or to infringe intellectual property or other rights (for example, digitizing or selling trademarks or designs you are not allowed to use); 2. upload unlawful, defamatory, hateful, or violent content, content that exploits minors, or malware; 3. try to access other users' accounts, files, or data, or parts of the Service that are not public (including our embroidery engine); 4. probe, scan, or break the Service's security, or get around usage limits, allowances, file size limits, or plan restrictions; 5. overload the Service, for example with automated mass requests, scraping, or files designed to use up resources; 6. resell, sublicense, or give others access to the Service as if it were your own, unless we agree in writing; 7. copy, decompile, or reverse engineer the Service, except where the law or an applicable open-source license allows it; 8. create fake or multiple accounts to get free trials or extra allowances. We may remove content and suspend or close accounts that break these rules. 8. OUR INTELLECTUAL PROPERTY AND THIRD-PARTY SOFTWARE 8.1. The Service, including its software, design, name, logo, text, example designs, and machine catalog, belongs to Satinwise or its licensors. We give you a limited, revocable, non-exclusive, non-transferable right to use the Service under these Terms. 8.2. Ink/Stitch. Some features, such as Image to embroidery and some thread-brand color palettes, use Ink/Stitch, free software licensed under the GNU General Public License, version 3 (GPL-3.0). Ink/Stitch runs on our servers as a separate program; it is not distributed to you and is not part of the code that runs in your browser. Ink/Stitch is the work of its authors and contributors, and its source code and license are available at https://github.com/inkstitch/inkstitch and https://inkstitch.org. Satinwise is not affiliated with or endorsed by the Ink/Stitch project. Nothing in these Terms limits any rights the GPL-3.0 gives you in Ink/Stitch. 8.3. Other open-source software. The Service also uses other open-source components (such as pyembroidery, OpenCV, rembg, and the U2-Net model) under their own licenses. 8.4. Feedback. If you send us ideas or suggestions, we may use them without any obligation to you. 9. AVAILABILITY, CHANGES, AND BETA FEATURES 9.1. We work to keep the Service available, but it may be interrupted for maintenance, failures, or reasons outside our control. We do not promise any specific uptime. 9.2. We may add, change, or remove features. Beta features may be incomplete and may change or be discontinued. 9.3. Machine and hoop specifications come from manufacturers and distributors; check them against your machine's manual. Times, thread amounts, costs, and prices calculated by the Service are estimates. 10. EMBROIDERY RESULTS The quality of the final embroidery depends on many things we do not control, including your machine and its maintenance, hoop, needle, thread, tension, stabilizer, fabric or garment, settings, and how the job is run. A file that looks right on screen may stitch differently on your machine. Always stitch a test sample on similar material before production. You are responsible for checking every file before using it and for the results of the jobs you run. 11. ENDING YOUR ACCOUNT 11.1. By you. You can delete your account at any time: click your profile photo, then Manage account, then Security, then Delete account. When you do, we cancel your subscription so you are not charged again, and we delete your files and your app data as described in the Privacy Policy. Deletion cannot be undone. If you only want to stop paying, cancel your subscription instead. 11.2. By us. We may suspend or close your account if you break these Terms, if the law requires it, or if we stop offering the Service. If we stop offering the Service, we will tell you in advance when reasonably possible. 11.3. Sections 5.2, 5.4, 5.5, 8, 10, 12, 13, 14, 15, and 17 continue to apply after your account ends. 12. DISCLAIMERS TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT FILES IT CREATES OR CONVERTS WILL STITCH CORRECTLY ON YOUR MACHINE OR MATERIAL, OR THAT ESTIMATES, QUOTES, OR AI EXPLANATIONS WILL BE ACCURATE. 13. LIMITATION OF LIABILITY 13.1. TO THE FULLEST EXTENT PERMITTED BY LAW, SATINWISE AND ITS OWNER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS, DAMAGED OR WASTED GARMENTS, FABRIC, THREAD, OR OTHER MATERIALS, MACHINE TIME, OR DAMAGE TO EQUIPMENT, EVEN IF WE WERE TOLD THEY WERE POSSIBLE. 13.2. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE OR THESE TERMS WILL NOT BE MORE THAN THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, OR (B) USD $50. 13.3. Some laws do not allow some of these exclusions or limits. In that case they apply only as far as the law allows, and nothing in these Terms limits rights you have that cannot be waived under applicable law. 14. INDEMNITY You agree to defend and indemnify Satinwise and its owner against third-party claims, and related costs and reasonable attorneys' fees, that arise from Your Content (including any claim that a design you uploaded, digitized, or stitched infringes someone's rights), from your use of the Service in violation of these Terms, or from your dealings with your own customers. 15. GOVERNING LAW AND DISPUTES 15.1. These Terms are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to conflict-of-law rules. 15.2. Before filing any claim, please email [email protected] and describe the problem. We will try in good faith to resolve it within 30 days. 15.3. Any dispute that is not resolved informally will be decided only by the state or federal courts located in Hidalgo County, Texas, and you and we agree to the personal jurisdiction of those courts. Either party may instead bring an eligible claim in a small claims court (justice court) that has jurisdiction. 16. CHANGES TO THESE TERMS We may update these Terms from time to time. If a change is material, we will tell you by email or in the app at least 30 days before it takes effect. If you keep using the Service after the change takes effect, you accept the updated Terms. If you do not agree, you can cancel your subscription and delete your account. Price changes follow Section 4.6. 17. GENERAL These Terms, the Privacy Policy, and the Refund Policy are the entire agreement between you and us about the Service. If any part is found unenforceable, the rest stays in effect. If we do not enforce a right, we do not waive it. You may not transfer these Terms without our written consent; we may transfer them as part of a reorganization, a change in the legal form of our business (for example, to a company we form), or a sale of the business. We may send you notices by email to your account address or in the app. These Terms are available in English and Spanish, and both versions say the same thing; if there is any conflict between them, the English version controls. 18. CONTACT Satinwise (Rogelio Oseguera de la Cruz, doing business as Satinwise) Mercedes, Texas, United States [email protected]