Terms of service

These terms govern your use of the NextStitch web application, the desktop application and the associated services (together, "NextStitch"). Deviating terms of your own only apply if we have agreed to them in writing.

Your contract partner is Andreas Ebner — DeFactory, Hansjakobweg 13, 76275 Ettlingen, Germany, email contact@nextstitch.app. Further details are in the imprint. Paid plans are bought from our reseller (§ 5).

NextStitch is a browser-based tool for designing 2D embroidery and generating machine files. Design editing and stitch preview run locally in your browser. Selected functions — file import and conversion, lettering, cloud projects and machine-file export — are processed on our servers.

We provide NextStitch as software as a service. We do not owe a specific commercial success, and in particular we do not owe that a given design will sew correctly on your machine and material.

Saving and downloading designs, cloud projects and licensed functions require an account; trying the editor does not. You must provide accurate details, keep your access credentials confidential and inform us without delay if you suspect misuse. Accounts are personal; you may not pass them on.

You may delete your account at any time in the account area. Deletion requires you to re-enter your password.

Creating a NextStitch account is free of charge. A new account comes with a 14-day Pro trial: for 14 days, every function of the Pro plan is available to it, for personal, non-commercial use as set out in the design licence. The trial ends by itself; it does not turn into a paid plan and nothing has to be cancelled. After it, the account and the designs and files saved in it remain; the functions of the paid plans, in particular exporting machine files, require a paid plan (Pro or Studio).

At present no paid contracts are concluded: the plans shown on the pricing page are not yet bookable and no payment is processed.

Once paid plans become available, the following applies: paid plans are sold by a payment service provider acting as reseller in its own name (merchant of record). It is your contract partner for the purchase and the payment, charges the statutory VAT of your country and issues your invoice; its terms apply in addition. For the use of NextStitch we remain your contract partner (§ 2). Prices are stated as total prices including statutory VAT. Subscriptions renew for the booked period unless cancelled before the end of the current period.

If you are a consumer, you have a statutory right of withdrawal for paid contracts. The details, together with the model withdrawal form, are in our withdrawal instructions.

We endeavour to keep NextStitch available, but we do not warrant uninterrupted availability. Maintenance, updates and disruptions outside our control may temporarily restrict use.

We may further develop NextStitch and change, add or discontinue functions. Where a change materially impairs a paid function, we will announce it with reasonable notice and you may terminate the affected subscription with effect from the date the change takes effect.

You retain all rights to the artwork and designs you create, import or export. We use them solely to provide the service you requested — that is, to store, convert, render and deliver them to you.

You warrant that you hold the necessary rights to the content you import, and that its use does not infringe third-party rights or statutory prohibitions. You indemnify us against justified third-party claims arising from your culpable breach of this obligation.

Artwork from the built-in catalogue and the fonts built into the editor may carry their own licence terms, which are stated with the respective design or, for a font, in the font browser, and take precedence for that artwork or font. Unless a catalogue design states otherwise, the NextStitch Design Licence applies. Some fonts are licensed under Creative Commons Attribution-ShareAlike 4.0 (CC BY-SA 4.0): when you share or sell work made with such a font, credit the font as stated in the font browser.

Local projects are stored in your browser's local storage. Clearing your browser data, using private browsing mode or switching device or browser will remove them. You are responsible for backing up work that matters to you — export it, or store it as a cloud project.

Embroidery fonts you add are kept in your browser in the same way, and are lost with your browser data in the same way. Keep the font files as you bought them: we hold no copy.

You may not use NextStitch to create, store or distribute content that is unlawful, infringes third-party rights or glorifies violence. You may not impair the availability or integrity of our services, circumvent access controls or usage limits, or use automated processes to place unreasonable load on the service. Nothing in this section restricts any use of third-party content provided in NextStitch — such as fonts or catalogue artwork under an open licence — that its own licence permits.

Embroidery machines, hoops, stabilisers, threads and fabrics differ. Stitch previews, density estimates and machine-file exports are computed aids, not guarantees.

Before you sew, check the preview, the hoop dimensions, the thread and colour sequence and your machine's settings, and test unfamiliar combinations on scrap fabric. We accept no liability for damage to material, workpieces or machines resulting from an unchecked design.

We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.

In the case of slight negligence we are liable only for breach of a material contractual obligation — an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely — and in that case only for the foreseeable damage typical of this type of contract.

Any further liability is excluded. The Pro trial and the use of an account without a paid plan are provided free of charge; for them, we are liable only for intent and gross negligence.

The use of an account without a paid plan, the Pro trial included, is free of charge; it lasts until the account is deleted and may be ended by either party at any time without notice. The Pro trial itself ends after 14 days. Paid subscriptions run for the booked period and may be cancelled with effect from the end of that period.

The right of both parties to terminate for cause remains unaffected. When your account is deleted, we delete or anonymise the associated data in accordance with the privacy policy; statutory retention obligations remain unaffected.

We may amend these terms where necessary for legal or technical reasons or in order to further develop the service, provided that the amendment is reasonable for you. We will notify you of the amendment at least six weeks before it takes effect. If you object before it takes effect, the contract continues on the previous terms; both parties' right of termination remains unaffected.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of the state in which you have your habitual residence.

If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Ettlingen, Germany.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected.