TOTOOSTITCH — Terms of Service

OVERVIEW

Welcome to TOTOOSTITCH! The terms “we”, “us” and “our” refer to TOTOOSTITCH. TOTOOSTITCH operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). TOTOOSTITCH is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

 

 

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing and payment information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

 

SECTION 2 — OUR PRODUCTS

All products sold on TOTOOSTITCH are digital downloads — cross-stitch patterns delivered in PDF or similar file format. Because our products are digital, no physical goods are shipped.

We have made every effort to provide an accurate representation of our products in our online store. We do not warrant that the quality of any products purchased by you will meet your expectations or be exactly as depicted in our store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time.

 

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. TOTOOSTITCH reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until TOTOOSTITCH confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting. Because all products are digital downloads that are delivered immediately upon purchase, TOTOOSTITCH is generally unable to accommodate cancellation requests after an order is accepted.

In the event that we do not accept or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was made.

Your purchases are subject to our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale, redistribution, or export.

 

SECTION 4 — PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include applicable taxes.

You agree to provide current, complete and accurate purchase and payment information for all purchases made at our store. You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method, and (iii) charges incurred by you will be honored by your payment provider.

 

SECTION 5 — DIGITAL DELIVERY

Upon successful payment, your digital files will be made available for download immediately via the order confirmation email and your account page (if applicable). It is your responsibility to ensure that the email address provided is correct and that you are able to receive and open the files.

We are not responsible for delivery failures caused by incorrect email addresses, spam filters, or technical issues on your end. If you experience any difficulty accessing your files, please contact us at Contact and we will assist you promptly.

 

SECTION 6 — INTELLECTUAL PROPERTY

All content on the Services, including but not limited to all trademarks, brands, text, displays, images, graphics, cross-stitch pattern designs, and the arrangement thereof, are owned by TOTOOSTITCH, its affiliates or licensors and are protected by copyright and other intellectual property laws.

These Terms permit you to use purchased digital files for your own personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, sell, or transmit any of our pattern files or other materials without our prior written consent.

Specifically, purchased patterns may not be: re-sold, shared digitally, uploaded to any third-party platform, or used for commercial production purposes without a separate commercial licence from TOTOOSTITCH.

All rights not expressly granted herein are reserved by TOTOOSTITCH.

 

SECTION 7 — OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over. We provide access to such tools “as is” and “as available” without any warranties. We shall have no liability arising from your use of optional third-party tools.

 

 

SECTION 8 — THIRD-PARTY LINKS

The Services may contain hyperlinks to websites operated by third parties. We are not responsible for the content or accuracy of any third-party websites. If you access third-party sites, you do so at your own risk. Complaints regarding third-party products and services should be directed to the third-party.

 

 

SECTION 9 — RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately characterises Shopify’s relationship with your store and should not be removed or modified.]

TOTOOSTITCH is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with TOTOOSTITCH. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and TOTOOSTITCH. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with TOTOOSTITCH.

 

 

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes certain personal information. By using the Services, you acknowledge that you have read these privacy policies.

 

 

SECTION 11 — FEEDBACK

If you submit any ideas, suggestions, feedback, or reviews (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that you own or have all necessary rights to all Feedback, and that your Feedback will comply with these Terms. We are under no obligation to maintain your Feedback in confidence or to pay compensation for it.

 

 

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

 

 

SECTION 13 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services to:

•       engage in any unlawful or malicious purpose;

•       infringe upon our intellectual property rights or those of others;

•       harass, abuse, harm, or intimidate any person;

•       transmit false or misleading information;

•       send unsolicited advertising or promotional material (spam);

•       reproduce, resell, or exploit any portion of the Services or purchased digital files;

•       upload or transmit viruses or malicious code;

•       use automated tools, scrapers, or AI agents to access the Services without authorisation.

 

We reserve the right to suspend or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

 

 

SECTION 14 — AGENTS

14.1 This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of any person and that can be executed without direct supervision.

14.2 No Agent may access, use, or interact with Services unless it identifies itself and operates in strict accordance with the requirements in section 14.4. No Agent may access the Services if we have requested that it refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent’s name in the user agent string as “Agent/[agent name]”; (ii) not conceal or obfuscate that interactions are from an Agent; (iii) respond truthfully to any question seeking to determine if interactions are from a human or computer; (iv) not circumvent any measure intended to block, limit, or control Agent access.

 

 

SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Sections covering Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law will survive termination.

 

 

SECTION 16 — DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

 

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL TOTOOSTITCH, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF DATA, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR PRODUCTS PROCURED USING THE SERVICES.

 

 

SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless TOTOOSTITCH, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

 

 

SECTION 19 — SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms, without affecting the validity of any other remaining provisions.

 

 

SECTION 20 — WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with any policies posted by us on this site, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us.

 

 

SECTION 21 — ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

 

 

SECTION 22 — GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction where TOTOOSTITCH is headquartered. You and TOTOOSTITCH consent to venue and personal jurisdiction in such courts.

 

 

SECTION 23 — HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

 

SECTION 24 — CHANGES TO TERMS OF SERVICE

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

 

 

SECTION 25 — CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

 

TOTOOSTITCH

Contact