Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website, customer portal, and related services offered by Nexgen Stitches (“Company,” “we,” “us,” or “our”), including embroidery digitizing, vector conversion, file preparation, and order management (the “Services”). By accessing or using the Services, creating an account, or placing an order, you agree to these Terms. If you are using the Services on behalf of a business, you represent that you have authority to bind that business.

1. The Services

Nexgen Stitches provides custom production services based on artwork and instructions you supply. Deliverables may include machine embroidery files (such as DST, PES, and other agreed formats), vector files, proofs, or related assets as described in your order or quote. We strive for high quality and timely delivery; turnaround times are estimates unless expressly guaranteed in writing for a specific order.

2. Accounts

You may need an account to access certain features. You agree to provide accurate information and to keep your credentials confidential. You are responsible for activity under your account. Notify us promptly at order@nexgenstitches.com if you suspect unauthorized access.

3. Orders, files, and intellectual property

3.1 Your content

You retain ownership of artwork, logos, trademarks, and other materials you upload or provide (“Customer Materials”). You grant Company a non-exclusive, worldwide license to use, reproduce, modify, and create derivative works from Customer Materials solely to perform the Services, deliver results to you, and operate our business (including backups, quality control, and legal compliance).

3.2 Our deliverables

Upon full payment for an order (unless otherwise agreed in writing), Company grants you a non-exclusive license to use the digitized or converted files we deliver for your internal business use and for the production of goods in the ordinary course of your business, subject to any third-party rights in underlying Customer Materials.

3.3 Your representations

You represent and warrant that you have all rights necessary to provide Customer Materials and that they do not infringe any third party’s intellectual property, privacy, or publicity rights, and are not unlawful, defamatory, or obscene. You may not submit content that violates law or our acceptable-use expectations (including hate speech, malware, or illegal goods).

4. Pricing and payment

Prices, fees, and taxes (if applicable) are as shown at checkout, in your quote, or on our website at the time of order unless we agree otherwise. Invoices are due according to the terms stated on the invoice or in your account. Late payments may incur fees or suspension of Services where permitted by law. If you dispute a charge, contact us before initiating a chargeback so we can attempt to resolve the issue.

5. Revisions, cancellations, and refunds

Digitizing is a custom service. Reasonable revisions may be included or offered as described in your order confirmation or service description. Cancellations before work has substantially begun may be eligible for a partial or full refund at our discretion. Once substantial production work has been performed, fees for work completed are generally non-refundable. Refund and revision policies for specific promotions or rush services may differ and will be stated at the time of purchase.

6. Delivery and technical requirements

Deliverables are typically provided electronically (e.g. download links, email, or through your account). You are responsible for verifying file formats, hoop sizes, and machine compatibility. We are not liable for production errors caused by incorrect specifications supplied by you, improper use of files, or equipment settings outside our control.

7. Disclaimer of warranties

Except where prohibited by law, the Services and deliverables are provided “as is” and “as available.” We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by applicable law.

8. Limitation of liability

To the maximum extent permitted by law, Company and its affiliates, officers, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits, data, or goodwill, arising from or related to the Services or these Terms, even if advised of the possibility. Our aggregate liability for claims arising out of or relating to the Services or these Terms shall not exceed the greater of (a) the amount you paid to Company for the specific order giving rise to the claim during the six (6) months before the claim, or (b) one hundred U.S. dollars (USD $100), except where liability cannot be limited under applicable law.

9. Indemnity

You agree to indemnify, defend, and hold harmless Company and its affiliates from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of Customer Materials, your use of the Services, your violation of these Terms, or your violation of any third-party rights.

10. Confidentiality

We treat your non-public business information and project details with reasonable care. Details about how we handle personal data are described in our Privacy Policy.

11. Termination

We may suspend or terminate access to the Services or your account if you materially breach these Terms, create risk or legal exposure for us, or for other legitimate business reasons with notice where reasonable. You may stop using the Services at any time. Provisions that by their nature should survive (including ownership, indemnity, limitation of liability, and governing law) will survive termination.

12. Governing law and disputes

These Terms are governed by the laws of the United States, without regard to conflict-of-law principles that would apply another jurisdiction’s laws, except where mandatory consumer protection laws in your country require otherwise.

Disputes arising from these Terms or the Services shall be brought in the state or federal courts located in the United States having appropriate jurisdiction, and you consent to that venue, unless applicable law requires a different forum for consumers.

For custom enterprise agreements, governing law and venue may be specified in a separate signed contract.

13. Changes to these Terms

We may modify these Terms at any time by posting an updated version on this page. For material changes, we may provide additional notice (e.g. email or dashboard notice). Your continued use of the Services after the effective date constitutes acceptance of the revised Terms, except where applicable law requires express consent.

14. Miscellaneous

If any provision is held invalid, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. These Terms, together with the Privacy Policy and any order-specific agreement, constitute the entire agreement regarding the Services unless you and Company have signed a separate written contract that expressly overrides these Terms for that engagement.

15. Contact

Questions about these Terms: order@nexgenstitches.com.