Terms of Use

Last updated: January 19, 2025

1. Acceptance of Terms

By downloading, installing, or using StitchMark ("the App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the App.

2. License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use on iOS devices that you own or control.

3. Subscription Terms

Auto-Renewable Subscriptions

StitchMark offers auto-renewable subscriptions for premium features:

  • Monthly Subscription: Billed monthly at the current rate
  • Quarterly Subscription: Billed every 3 months at the current rate
  • Yearly Subscription: Billed annually at the current rate
  • Lifetime Access: One-time purchase for access as long as the App is available. Lifetime Access refers to the period during which the App is available in the App Store. If the App is discontinued, StitchMark has no further obligation beyond standard refunds processed by Apple.

Billing and Renewal

  • Payment will be charged to your Apple ID account at confirmation of purchase
  • Subscription automatically renews unless canceled at least 24 hours before the end of the current period
  • Your account will be charged for renewal within 24 hours prior to the end of the current period
  • You can manage and cancel your subscriptions through your Apple ID account settings

Free Trial

If offered, any unused portion of a free trial period will be forfeited when you purchase a subscription.

4. User Content and Conduct

You retain all rights to the content you create within the App (patterns, notes, photos). You are responsible for:

  • The accuracy and legality of your content
  • Not using the App to violate any laws or regulations
  • Not attempting to reverse engineer or modify the App
  • Not using the App for commercial purposes without permission

5. Third-Party Services

The App uses third-party services for certain features:

  • OpenAI: For OCR text extraction from pattern images (optional feature)
  • Apple Services: For payment processing and cloud sync

Use of these services is subject to their respective terms and privacy policies.

6. Intellectual Property

The App, including its design, features, and content (excluding user-generated content), is owned by StitchMark and protected by copyright and other intellectual property laws. You may not copy, modify, or distribute the App without our permission.

7. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY OF INFORMATION
  • THAT THE APP WILL MEET YOUR REQUIREMENTS
  • THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE

SPECIFICALLY, WE DO NOT WARRANT:

  • The accuracy of pattern parsing or OCR results
  • That patterns will be preserved if you delete the app
  • Compatibility with future iOS versions
  • That the app will be free from bugs or defects

YOU USE THE APP AT YOUR OWN RISK.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL STITCHMARK, ITS DEVELOPER, AFFILIATES, OR SUPPLIERS BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
  • DAMAGES RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE APP
  • DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY
  • ANY LOSS OF PATTERNS, PROGRESS DATA, OR USER CONTENT
  • MISTAKES IN PATTERN INSTRUCTIONS OR COUNTING

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE PAST TWELVE (12) MONTHS OR $100, WHICHEVER IS LESS.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

9. Indemnification

You agree to defend, indemnify, and hold harmless StitchMark, its developer, and affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Any content you create, store, or share using the App
  • Any damages resulting from following pattern instructions
  • Your use of patterns for commercial purposes

10. Data Storage and User Responsibility

All your pattern data, progress, and personal information is stored locally on your device. We do not collect or store your data on our servers. You are solely responsible for:

  • Backing up your data through iOS backup features
  • Any loss of data due to device failure, app deletion, or other causes
  • Ensuring accuracy of pattern entries and counts

WE ARE NOT RESPONSIBLE FOR ANY LOST DATA.

11. Dispute Resolution and Arbitration

PLEASE READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS:

Any dispute arising from these Terms or your use of the App shall be resolved through binding arbitration administered by the American Arbitration Association under its rules. The arbitration may be conducted remotely unless otherwise agreed.

YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.

Notwithstanding the above, either party may seek injunctive relief in court for violation of intellectual property rights.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of any changes by updating the "Last updated" date. Your continued use of the App after changes constitutes acceptance of the new Terms.

13. Termination

We may terminate or suspend your access to the App at any time for violation of these Terms. You may stop using the App at any time by deleting it from your device. Upon termination, all provisions which by their nature should survive shall continue in effect.

14. Governing Law

These Terms are governed by the laws of the State of New York and the United States, without regard to conflict of law principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in New York State.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Contact Information

For questions about these Terms, contact us at:

Email: support@stitchmark.app

17. Apple-Specific Terms

These Terms are between you and StitchMark only, not with Apple. Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support services for the App. Any claims relating to the App must be directed to us, not Apple. Apple and its subsidiaries are third-party beneficiaries of these Terms.

18. Medical and Safety Disclaimer

IMPORTANT: The App is for entertainment and organizational purposes only. We are not responsible for:

  • Injuries from crochet activities or following patterns
  • Allergic reactions to yarn or materials
  • Repetitive strain injuries
  • Any health issues arising from crafting activities

Always use appropriate safety precautions when crafting.

19. No Professional Advice

The App does not provide professional crafting instruction or advice. Pattern interpretations and counting are automated and may contain errors. Always verify pattern instructions independently.

20. Entire Agreement

These Terms constitute the entire agreement between you and StitchMark regarding the App and supersede all prior agreements and understandings.