Personal Terms of Use

Terms of Use: Repliers

Last updated September 2023.

THESE TERMS OF USE APPLY TO ALL USE OF THE STITCHT SERVICE. BY CONTINUING TO USE STITCHT YOU ARE INDICATING YOUR ACCEPTANCE OF THEM.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR APP.

These terms of use (together with the documents referred to in it) (“Terms of Use”) sets out the terms on which the customer ("you" or “your”) may make use of services available on our website, www.stitcht.io (“Website”) and our web app, app.stitcht.io and any subdomains of stitcht.io (collectively, the “Stitcht Services”).

By using the Stitcht Services, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use the Stitcht Services.

You are also responsible for ensuring that all persons who access the Stitcht Services through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Other Applicable Terms & Policies

The following additional policies also apply to your use of the Stitcht Services:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.

Our Cookie Policy, which sets out information about the cookies on the Website.

Definitions

"Content” means any and all audio, video, text, images, data, services, advertisements,

promotions, URLs, keywords, navigational elements, links, pointers, technology and software

content (including via any API made available by Stitcht).

Information about us

The Stitcht Services are operated by Stitcht Limited (“we”, “us”, “our”, “Stitcht”). We are a limited liability company registered in England and Wales under company number 10815145 and have our registered office at Sovereign House Towcester Road, Old Stratford, Milton Keynes, England, MK19 6AN. You can contact us by emailing us at support@stitcht.io.

Changes to these Terms of Use

Please note that we reserve the right to revise or amend these Terms of Use at any time to reflect changes to our business or changes in the law. Every time you wish to use the Stitcht Services, please check these Terms of Use to ensure you understand the terms that apply at that time.

If you continue to use the Stitcht Services, you will be bound by the updated Terms of Use. If you do not want to agree to these or any updated Terms of Use, you can delete your Content by emailing support@stitcht.io from the email address associated with your Content and/or account.

We may transfer our rights and obligations under these Terms of Use to another organisation.

Disclaimer

The Stitcht Services are made available free of charge.

We do not guarantee that the Stitcht Services, or any Content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Stitcht Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

Although we make reasonable efforts to update the information available through the Stitcht Services, we make no representations, warranties or guarantees, whether express or implied, that the Content available through the Stitcht Services is accurate, complete or up-to-date.

Access to the Stitcht Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Stitcht Services without notice. We will not be liable to you if for any reason the Stitcht Services are unavailable at any time or for any period. Please note that any of the Content available through the Stitcht Services may be out of date at any given time, and we are under no obligation to update it.

The Content on the Stitcht Services 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 available through the Stitcht Services.

Your Commitments

In return for our commitment to provide the Stitcht Services to you, we require you to make the below commitments to us.

Who can use the Stitcht Services

We want the Stitcht Services to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of our community:

You must be at least 13 years old.
You must not be prohibited from receiving any aspect of the Stitcht Services under applicable laws or engaging in payments related Stitcht Services if you are on an applicable denied party listing.
We must not have previously deleted your Content for violation of law or any of our policies.
You must not be a sex offender.

Ways Stitcht can't be used

It's important for everyone's safety that you agree to not do any of the following:

You can't impersonate others or provide inaccurate information. You don't have to disclose your identity when using the Stitcht Services, but you must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren't, and you can't submit Content for someone else unless you have their express permission.
You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorised purpose.

You can’t post anything intended to bully, insult, intimidate or humiliate any person.
You can't violate (or help or encourage others to violate) these Terms of Use or our policies.
You can't do anything to interfere with or impair the intended operation of the Stitcht Services.
You can't attempt to submit Content or access or collect information in unauthorised ways. This includes submitting Content or collecting information in an automated way without our express permission.
You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property. To report Content that you think infringes your intellectual property rights or is your confidential information, email support@stitcht.io.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@stitcht.io.

Permissions you give to us

As part of our agreement, you also give us permissions that we need to provide the Stitcht Services.

We do not claim ownership of your Content, but you grant us a license to use it. Nothing is changing about your rights in your Content. We do not claim ownership of your Content that you post on or through the Stitcht Services. Instead, when you share, post, or upload your Content that is covered by intellectual property rights (like photos or videos) on or in connection with the Stitcht Services, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide and perpetual license to host, use, distribute, modify, run, copy, publicly perform, display, translate, cut, edit, amend, adapt and create derivative works of your Content (consistent with your privacy and application settings).

This means that you still own the intellectual property rights in your Content, and you can post or share your Content elsewhere and grant other people permission to use your Content. However, we will also be entitled to make use of your Content by sharing it on our platform or anywhere else we choose to (in any country) or by editing the Content so that it can be used by our clients for their marketing and advertising needs. We will be able to do this at any time from when your Content is posted, and we will also be entitled to grant these same rights to our clients so they can use your Content in the same way.

Additional rights we retain

If you use Content covered by intellectual property rights that we have and make available through the Stitcht Service (for example, images, designs, videos, or sounds we provide that you add to any Content you create or share), we retain all rights to our Content (but not yours).
You can only use our intellectual property and trademarks or similar marks with our prior written permission. To do so contact support@stitcht.io.
You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us. To do so contact support@stitcht.io.

Permissions you give to other users

If you upload Content to threads containing other contributors, those users will be able to see and share your Content as well as their own both within and outside of Stitcht.
By submitting your Content via a Stitcht thread, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Stitcht Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your Content in any format and on any platform, either now known or hereinafter invented.
This means that you, or the owner of your Content, still own the copyright in the Content sent to us, but that you grant other users and our Clients the same rights as set out above (see ‘Permissions you give to us’).

If you want to remove your Content.

If you want to remove your Content from the Stitch Service, please contact us using the email address at the bottom of these Terms of Use. While we will take steps to remove Content where possible, please be aware that:
- once we have sub-licenced your Content to one of our clients, you cannot in any circumstances terminate the licence you provide to us for your Content;
- where you have made your Content available on a thread containing other contributors, you won’t be able to end your licence with those other contributors. This is because we do not have control over other contributors, so we cannot guarantee that they will delete any of your Content which you have shared with them.

Our right to remove your Content

We can remove any of your Content or information you share on the Stitcht Services if we believe that it violates these Terms of Use, our policies, or we are required to do so by law. We can refuse to provide or stop providing all or part of the Stitcht Services to you immediately if you: clearly, seriously or repeatedly violate these Terms of Use, our policies, if you repeatedly infringe other people's intellectual property rights, or where we are required to do so by law. If we take action to remove your Content for violating our Terms of Use or policies, we will notify you where appropriate. If you believe your Content has been deleted in error, or you want to permanently delete your Content, contact support@stitcht.io.
Content we delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called "Our Agreement and What Happens if We Disagree," will still apply even after your Content is deleted.

Our agreement and what happens if we disagree

Our agreement

If any aspect of these Terms of Use are unenforceable, the rest will remain in effect.
Any amendment or waiver to these Terms of Use must be in writing and signed by us. If we fail to enforce any aspect of these Terms of Use, it will not be a waiver.
We reserve all rights not expressly granted to you.

Who has rights under this agreement

These Terms of Use do not give rights to any third parties.
You cannot transfer your rights or obligations under these Terms of Use without our consent.
Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

Who is responsible if something happens

We will use reasonable skill and care in providing the Stitcht Services to you and in keeping a safe, secure, and error-free environment, but we cannot guarantee that the Stitcht Services will always function without disruptions, delays, or imperfections. Provided we have acted with reasonable skill and care, we do not accept responsibility for: losses not caused by our breach of these Terms of Use or otherwise by our acts; losses which are not reasonably foreseeable by you and us at the time of entering into these Terms of Use; any offensive, inappropriate, obscene, unlawful, or otherwise objectionable Content posted by others that you may encounter on the Stitcht Services; and events beyond our reasonable control.
The above does not exclude or limit our liability for death, personal injury, or fraudulent misrepresentation caused by our negligence. It also does not exclude or limit our liability for any other things where the law does not permit us to do so.

How we will handle disputes

If you have a complaint about your use of the Stitcht Services, the use of the Stitcht Services by any other user, or any decision we have taken under these Terms of Use, in the first instance, please contact us at support@stitcht.io. We take all complaints seriously and will do our best to resolve the situation with you.

If we are unable to resolve the dispute, you and we both agree that the courts of England and Wales will have exclusive jurisdiction over any disputes.

Unsolicited material

We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

Claims of copy right infringement

We take claims of copyright infringement very seriously. If you believe any materials, Content or information accessible on the Stitcht Services infringes your copyright, you may request removal of those materials (or access to them) from the Stitcht Services by submitting written notification to us at support@stitcht.io.

We will respond to notices of alleged copyright infringement that comply with applicable law. It is the policy of Stitcht to delete Content of repeat infringers.

Indemnity

You acknowledge that you are responsible for any material that you post on the Stitcht Services and that if you breach any of these Terms of Use you may be personally liable to us or any third party that suffers harm as a result.

You agree to indemnify and keep us, our successors and assigns, our directors, trustees, offices, employees and agents indemnified from and against all liabilities, claims, losses, costs, damages and expenses including legal fees which are reasonably incurred by us should you breach any of these terms and conditions.

This indemnity includes your use of the information you read on the Stitcht Services, together with any introduction or collaboration that you enter into as a result of using the Stitcht Services.

Limitation of our liability

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Stitcht Services or any Content on it, whether express or implied.

We will not be liable to any user 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:

Use of, or inability to use, the Stitcht Services; or
use of or reliance on any Content displayed on the Stitcht Services.
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

Further, you acknowledge that the author of each posting on the Stitcht Services is responsible for their comments. Insofar as the law permits, we shall not be liable for any loss, damage or distress incurred as a result of material posted through the Stitcht Service. We reserve our rights under the Defamation (Operators of Websites) Regulations 2013/3028 to remove all user-generated Content and/or share personal data of users in accordance with the statutory regime relating to allegations of defamation.

We are not responsible for the accuracy, veracity or reliability of any opinion, advice or statement made through the Stitcht Services and such communications shall not be considered to be reviewed, screened, monitored, edited or approved by us.

We will 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 the Stitcht Services or to your downloading of any Content from it, or from any website linked to it.

Viruses

We do not guarantee that the Stitcht Services will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Stitcht Services. You should use your own virus protection software.

You must not misuse the Stitcht Services by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Stitcht Services, the server on which the Stitcht Services are stored or any server, computer or database connected to Stitcht. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Stitcht Services will cease immediately.

Linking to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Website in any website that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of Content available through the Stitcht Services other than that set out above, please contact support@stitcht.io.

Third party links and resources on the Stitcht Services

Where the Stitcht Services contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Applicable law

These Terms of Use are governed by and construed in accordance with the law of England and Wales and any dispute that may arise is subject to the exclusive jurisdiction of the courts of England and Wales.

Contact us

To contact us, please email support@stitcht.io.