PLEASE READ CAREFULLY BEFORE DOWNLOADING STITCHT.
If you are provided with a password, user identification code or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party.
You should print a copy of these terms for future reference.
1.3 From time to time, updates to Stitcht may be issued through the App Store. Depending on the update, you may not be able to use Stitcht until you have downloaded the latest version of Stitcht and accepted any new terms.
1.6 Use of Stitcht is at your own risk. Stitcht is provided on an “as is” basis. Stitcht Ltd does not warrant or guarantee that Stitcht and all or part of its contents will be always available or that its use will not be interrupted. You acknowledge that Stitcht may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of these terms and conditions.
1.7 The content on Stitcht is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Stitcht.
1.8 Stitcht may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.9 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the words preceding those terms.
2. Grant and scope of licence to use Stitcht
2.2 Once you have registered for an account to use Stitcht and selected your Subscription model based on the permitted number of Users and/or permitted number of videos you produce using Stitcht (“Subscription Model”), you may download a copy of Stitcht onto User’s Devices and view, use and display Stitcht on the Devices for the sole purpose of you or your Users creating promotional video content.
3. Licence restrictions
(a) to grant user access to only the number of Users permitted under your Subscription Model;
(b) not to copy Stitcht except where such copying is incidental to normal use of Stitcht, or where it is necessary for the purpose of back-up or operational security;
(c) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify Stitcht;
(d) not to make alterations to, or modifications of, the whole or any part of Stitcht, or permit Stitcht or any part of it to be combined with, or become incorporated in, any other programs;
(e) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of Stitcht or attempt to do any such thing;
(f) to include our copyright notice on all entire and partial copies you make of Stitcht on any medium;
(g) not to provide or otherwise make available Stitcht in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by Stitcht or any service accessible using Stitcht (“Technology”),
(together the “Licence Restrictions”).
4. Acceptable use restrictions
4.1 You warrant that you will not:
(b )infringe our or any third party’s intellectual property rights or rights of privacy in relation to your use of Stitcht, including the submission of any materials, photographic, video or other content you upload to or modify using Stitcht (“Content”);
(c) transmit any Content that is sexually explicit, defamatory, discriminatory, offensive, or which promotes violence or illegal activity, or which is otherwise objectionable;
(d) use Stitcht in any way that implies that Content you upload to or create using Stitcht emanates from us where this is not the case;
(e) use Stitcht in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(f) collect or harvest any information or data from Stitcht or our systems or attempt to decipher any transmissions to or from the servers running Stitcht or any other service.
(together the “Acceptable Use Restrictions”).
4.2 You shall indemnify Stitcht Ltd and hold us harmless against any and all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties, and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Stitcht Ltd arising out of or in connection with your breach of clause 4.1.
5. Intellectual property rights
5.1 You acknowledge that:
(a) all intellectual property rights in and to Stitcht and the Technology anywhere in the world belong exclusively to us or our licensors;
(b) rights in Stitcht are licensed (not sold) to you;
(d) you have no right to have access to Stitcht in source-code form.
5.2 All intellectual property rights in the Content shall be owned exclusively by you or your licensors, but you grant to us a non-exclusive, worldwide, royalty-free licence to use your Content to enable us to provide you with the services available through Stitcht.
5.3 You acknowledge that, if we are notified by a third party that the Content infringes any third party intellectual property, privacy or other right, we have the right to disclose your identity to them and shall, in our sole discretion, remove any Content if it does not comply with the standards set out in the Acceptable Use Restrictions. We also reserve the right to terminate User accounts and/or your Subscription in the event of any alleged or actual infringement of any third party rights.
6.1 Each party (“Receiving Party”) shall keep in strict confidence any technical or commercial information of the other party, or any other information concerning a party’s business, products or services (“Confidential Information”) which are disclosed to it by the other party (“Disclosing Party”), its employees, agents or subcontractors.
7. Data Protection
The following definitions shall apply to this clause 7:
“Data Controller” has the meaning given in the Privacy Laws;
“Data Processor” has the meaning given in the Privacy Laws;
“Data Subjects” has the meaning given in the Privacy Laws.
“Personal Data” has the meaning given in the Privacy Laws;
“Privacy Laws” means (i) until 24 May 2018 (inclusive), European Directive 95/46/EC and the Data Protection Act 1998 or any other applicable local implementation of the Directive and (ii) from and including 25 May 2018, the Regulation (EU) 2016/679 (General Data Protection Regulation) and/or any applicable local implementation.
7.1 You acknowledge that you (as Data Controller) and Stitcht Ltd (as Data Processor) shall comply with each of our obligations under the Privacy Laws in relation to any Personal Data made available by you which we process as a result of your use of Stitcht.
7.2 As Data Processor, we shall:
(b) implement appropriate technical and organisational measures to protect any Personal Data against unauthorised or unlawful processing and accidental loss, disclosure, access or damage, which shall be confirmed in writing to you;
(d) cooperate and provide reasonable assistance to you in connection with your compliance with Privacy Laws insofar as it relates to your use of Stitcht. This may include assistance with: (i) responding to requests from individuals or authorities, (ii) notifying data breaches to affected individuals or authorities; and (iii) carrying out data protection impact assessments;
(f) ensure that persons authorised to access such Personal Data are subject to confidentiality obligations, whether by contract or statute;
(g) as soon as reasonably practicable, promptly notify you in writing of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, such Personal Data. The notice will specify (i) the categories and number of individuals concerned, (ii) the categories and number of records involved, (iii) the likely consequences of the breach and (iv) any steps taken to mitigate and address the breach;
(h) give you access during normal working hours to audit any relevant records and materials held by us which are necessary to demonstrate compliance with our obligations under the Privacy Laws;
(i) not transfer Personal Data to any country outside of the EEA (except for transfers to and from: (i) the United Kingdom; (ii) any country which has a valid adequacy decision from the European Commission; or (iii) any organisation which ensures an adequate level of protection in accordance with the Privacy Laws) without your prior written consent;
(j) not subcontract any processing of such Personal Data without the your prior written authorisation, provided that we are hereby authorised by you to use cloud service providers and hosting services, including, but not limited to, Google Firebase, which you acknowledge and accept are used by us to host Personal Data.
7.4 You acknowledge that you shall be solely responsible for any automated decision making you make through use of Stitcht and you shall ensure you implement suitable measures to safeguard the Data Subjects’ rights and freedoms.
7.6 Each party must immediately notify the other if it becomes aware of a complaint or allegation of breach of the Privacy Laws by any person or an investigation or enforcement action by a regulatory authority, in connection with your use of Stitcht.
8.1 Stitcht is currently provided free of charge, but we reserve the right to introduce Subscription fees and charge for in-app purchases or other features made available to you through Stitcht. You will be notified of any fees or charges in advance and given the option to decline such fees, although you may then be required to stop using Stitcht, or any of the features or services made available to you.
8.2 Where Subscription fees are introduced and you elect to continue to use Stitcht, you will be required to select a plan based on your preferred Subscription Model (“Subscription Plan”). Fees for Subscription Plans will vary depending on your level of use of Stitcht and your Subscription Model.
9. Limitation of liability
9.1 We make no representations, warranties or guarantees, whether express or implied, that the content on Stitcht is accurate, complete, or up-to-date.
9.4 Access to Stitcht is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Stitcht without notice. We will not be liable to you if for any reason Stitcht is unavailable at any time or for any period. You acknowledge that any of the content on Stitcht may be out of date at any given time, and we are under no obligation to update it.
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
9.6 To the extent permitted by law, and subject to clause 9.5, we exclude all conditions, warranties, representations or other terms which may apply to Stitcht or any content on it, whether express or implied.
9.7 We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, Stitcht, or use of or reliance on any content displayed on Stitcht.
9.8 We shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Stitcht or to your downloading of any content on it, or on any website linked to it.
9.9 We assume no responsibility for the content of any Third-Party Sites. Such links should not be interpreted as endorsement by us of those Third-Party Sites. We will not be liable for any loss or damage that may arise from your use of them.
10. Term and Termination
10.1 Your subscription to use Stitcht will continue on a 30 day rolling subscription basis, unless terminated by you giving 30 days’ written notice, or by us in accordance with clause 10.2.
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
10.3 On termination for any reason:
(b) you must immediately delete or remove Stitcht from all Devices, and immediately destroy all copies of Stitcht then in your possession, custody or control and certify to us in writing that you have done so;
(c) you must pay to us any fees outstanding at the date of termination.
11. Communication between us
11.2 If we have to contact you or give you notice in writing, we will do so by the e-mail address you provide to us in your request for access to use Stitcht.
12. Other important terms
Last Updated: May 2018