Terms of Service
Big Stitchy, Inc.
2590 Lake Manor Drive Land o Lakes, Fl 34639
Last Updated: January 20, 2021
Thank you for using Big Stitchy! Before using or accessing our platform, please read this Terms of Service (the “Terms of Service”) carefully. This document is a legally binding contract between Big Stitchy and you, the User (as defined below), for the use of the applications, software, products and services provided by Big Stitchy (collectively, the “Service”) and as such, we have tried to make it as clear as possible. In addition to the full legal terms and text, we have provided short non-binding summaries with each clause. These summaries do not aim to replace or misrepresent the full text.
Summary: These terms are used throughout this Terms of Service and it’s important that you understand what we are referring to when we use them.
Terms not defined in this section shall have the meaning provided elsewhere in the Terms of Service.
- “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service.
- “Customers” refers to individuals or entities that purchase Your Products through a Sales Channel.
- “Orders” refer to Your Products once they have been purchased by You or Your customers.
- “Produced Orders” refer to Orders that have been completed and shipped.
- “Products,” refers to all products offered by different Providers on our Website including, but not limited to clothing, accessories, home decor, kitchenware, footwear and stationary.
- “Providers,” refers to the organizations and companies that Big Stitchy partners with in the scope of its Service to offer Products to You.
- “Sales Channels,” or “Stores” refer to the other websites and platforms that You use to sell Your Products, including but not limited to Shopify, Woocommerce, Ebay, or Etsy.
- “Us” and “We” refers to Big Stitchy, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
- “User,” “You,” “Your” refers to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
- “User Products” refers to Products created by Users adding Content using the Service. “Your Mockups” are visual representations of Users’ Products created through the Service.
- “User-Generated Content” is Content, written or otherwise that is created or uploaded by our Users.
- “Website” refers to Big Stitchy’s website located at Big Stitchy.com, and all content, services and products provided by Big Stitchy through the Website. It also includes Big Stitchy-owned subdomains of Big Stitchy.com, such as app.Big Stitchy.com, Big Stitchyapp.com and all subdomains of Big Stitchyapp.com such as app.Big Stitchyapp.com, and the use of future and current Big Stitchy plugins, such as those available in the Shopify App store, Woocommerce, Etsy,. Occasionally, Big Stitchy plugin pages and websites owned by Big Stitchy may provide additional or different terms of service. If those additional terms conflict with these Terms of Service, the terms in the additional terms with regard to the matter in conflict shall apply.
- “Your Content” is Content that you create or own.
- When You use Our Services and Content, You are agreeing to:
- Our Terms of Service
- Our Intellectual Property Policy
- Any other terms or policies we reference below.
- Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Agreement constitutes the entire understanding between Big Stitchy and You pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between Big Stitchy and You in relation to the access to and use of the Service.
- If any provision of these Terms of Service are held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Questions about the Terms of Service? Contact us.
C. When Do These Terms Apply?
Summary: By using Big Stitchy, you are agreeing to all the terms below.
By using the Service, You acknowledge that You accept and agree to be bound by these Terms of Service. If You do not agree to these Terms of Service, You may not access the Service, and if You are already registered, cancel Your account.
D. Can These Terms Be Modified?
Summary: We can change these Terms of Service, and if the changes are big, we’ll let you know.
Big Stitchy reserves the right to revise the Terms of Service from time to time and the most current version will always be posted on our Website. If a revision, in our sole discretion, is material we will notify You. The “Last Updated” date at the top of the Terms of Service reflects the date of the last modification. Your use of the Service following the effective date of any modifications to the Terms of Service will constitute your acceptance of such modification. If You do not agree to the new Terms of Service, You should stop using the Service and cancel Your account.
E. What Is the Scope of Big Stitchy’s Services?
Summary: Big Stitchy is an online platform that allows you to create and connect your store to sell products with your content by working with various Print on Demand Providers from around the world. You focus on creating and selling, we handle the rest.
Big Stitchy is an online marketplace for print on demand dropshipping. We partner with various Providers to offer You Products that You can customize with Your Content and sell to Customers. We also maintain and create integrations with different Sales Channels so that Your Products can be easily published to your Stores. When Your Products are purchased by Customers through a Sales Channel, We are notified and We start working with Providers who will print and deliver Your Products to the Customers.
Summary: Big Stitchy is only a platform, we neither sell products nor do any printing ourselves.
As the provider of the Service, Big Stitchy does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Products or do any printing. Providers alone are responsible for their Products, the quality of the print and delivery of Your Product. If you have an issue with the Product, please see Section J below.
Summary: Using Big Stitchy does not make you an employee of Big Stitchy.
If You choose to use the Service to sell Your Products, Your relationship to Big Stitchy is limited to being that of a consumer and not an employee, agent, joint venturer, or partner of Big Stitchy for any reason. You act exclusively on your own behalf and for your own benefit, and not on behalf or for the benefit, of Big Stitchy.
Summary: Big Stitchy is not responsible for your choice of Print Provider and the final product. We expect you to do all of your own homework on who best to work with.
While We facilitate the resolution of disputes and provide necessary guidelines for the creation of Your Products, Big Stitchy has no control over and does not guarantee the final quality of Your Product. Nor do we make any promises that Your Product will look like Your Mockup. Print Providers differ in their printing technology, product offerings, and operations. Users are expected to do their own due diligence in selecting the most suitable Provider for creating Users’ Products.
Summary: Big Stitchy will often link to and suggest other helpful services and sites that will help you successfully run your online shop. These are not our services and are not endorsements by us of their quality. Exercise your own judgement.
Big Stitchy may give You access to link to various external resources or third-party services (“Third Party Sites”). Big Stitchy does not endorse any of these Third Party Sites and does not control them in any manner. These Third Party Sites may be governed by their own terms of service and policies. Big Stitchy is not liable or responsible for the accuracy of such services or their content, or products, and You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such Third Party Site.
Summary: We don’t guarantee that our website will be online 100% of the time. Due to the nature of product development and the Internet, our website may have periodic downtimes.
Due to the nature of the Internet, Big Stitchy cannot guarantee uninterrupted access and availability of the Big Stitchy Service. We reserve the right to restrict the availability of our Service or certain features if necessary in view of capacity limits or the integrity of our servers. We also reserve the right to restrict access when performing maintenance measures to ensure the proper working and functioning of the Big Stitchy Service. Big Stitchy can improve or modify its Service and may introduce new offerings from time to time.
F. Who Can Access Big Stitchy and Use the Service?
Summary: You have to be at least 18 years old to use our service and if you are signing up on behalf of someone else, you are acknowledging that you have the right to do so. Certain features of our platform may have additional terms other than those here.
- You must be at least 18 years old and able to access and use the Service or to create a Big Stitchy account. By accessing and using our Service, you represent and warrant that you are 18 years of age or older and have the legal capacity and authority to enter into a contract.
- If you open an account on behalf of a company, organization, or other entity, then “You” includes you and that entity, and You represent and warrant that You are authorized to grant all permissions and licenses provided in this Terms of Service and bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity’s behalf.
- The access to or use of certain areas and features of the Service may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms of Service and the terms and conditions applicable to a specific area or feature of the Big Stitchy Service, the more specific terms and conditions will apply, unless specified otherwise.
- To use our Service, You have to register an account. Details on how to do so are provided in the next section.
- You understand and agree that You are responsible for paying any and all applicable taxes that may be due as a result of your use of the Service.
G. What Are the Rules for Creating and Maintaining an Account?
Summary: We have certain requirements that you must abide by when you create an account with Us.
- You shall not create an account or access the Service if You are under the age of 18;
- You shall not have more than one account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself or your entity, which has provided you authorization to create the account on behalf of it;
- You shall not have an account or use the Service if You have been previously removed by the Company;
- We may reject your registration or cancel an existing registration for any reason at our sole discretion.
- We will use the email address you provide as the primary method of communication.
- Any harassment or insult towards Big Stitchy employees may result in immediate account termination.
- You are solely responsible for keeping your account credentials secure and you may not disclose your credentials to any third party. You must immediately notify Big Stitchy if you have any reason to suspect that your credentials have been compromised, lost or stolen or in the case of any actual or suspected unauthorized use of your Big Stitchy Account. You are solely responsible for any and all activities performed through your Big Stitchy account. Big Stitchy will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, you shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorized use of your account or breach of your account information or password.
- Big Stitchy expressly disclaims any and all liability arising from revocation, cancellation, or suspension of your account for any reason. Your account and registration will terminate immediately upon your breach of any of the terms herein. You may terminate your account and participation as a registered user at any time from your Account Settings > Personal Data > Delete my data. Before proceeding with deleting your account, make sure that you have disconnected your store from the respective sales channels, unsubscribed from the business plan and removed your registered credit card. Deleting your account is irreversible and you will not be able to access the data afterwards. Nonetheless, you will still be responsible for any and all pending orders and charges.
H. What Are Your Rights to Content on Big Stitchy?
Summary: All content you upload is owned by you. If we are notified or if we believe that the content is not yours, or if the content doesn’t meet our standards, we will remove it at our discretion. By uploading content to Big Stitchy, you allow us to use your content for things like marketing and education of Big Stitchy users.
- Big Stitchy grants You a limited, revocable, non-exclusive, non-transferable license to access and use the Service for Your own individual use subject to the other terms of this Terms of Service. All rights, title, and interest in and to the Service not expressly granted herein are reserved by the Company.
- Big Stitchy allows You to upload and post Content to our Website. Anything that You put on the Products remains Your Content. You retain all rights in, other than the rights expressly granted to Big Stitchy below and any that you may grant to your Customers, and are solely responsible for Your Content.
- You can only post Content that is either Yours, or for which you have written authorization from the Content owner. You represent and warrant that any Content you post is owned by You or that You have authorization from the Content owner to post it. More detailed information can be found in the Big Stitchy Intellectual Property Policy. By posting Content, You accept those terms as well. If You believe that someone has improperly used Your copyrights or trademarks, please report it to us as set forth in the Intellectual Property Policy.
- By using the Big Stitchy Service, You grant Big Stitchy a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform and distribute Your Content solely for the purpose of operating, developing, and promoting the Big Stitchy Service.
- As a condition of use of the Service, You agree not to use the Service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree to the following:
- You may not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.
- You may not modify, reverse engineer, decompile or disassemble the Service
- You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of Big Stitchy.
- You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under these Terms of Service.
- You may not circumvent or disable any technological features or measures in the services that are designed for protection of intellectual property rights.
- You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
- You may not use or access the Service to compile data in a manner that is used or usable by a competitive product or service.
- You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone.
- You shall not use your Account to engage in any illegal conduct.
- You shall monitor your Account to restrict use by minors, and You will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account and You are responsible for any use of your credit card or other payment instrument by minors.
- You shall not use the Service to order and resell blank Products without customizing them with your artwork.
- Any such forbidden use shall immediately terminate Your license to the Service.
- Big Stitchy may use its discretion to remove Your Content from our Service, at any time, with or without prior notice to you, if it violates any of our Terms of Service or policies or is reported to be infringing on intellectual property rights of others. Big Stitchy is not obligated to monitor or police Your Content. In addition to intellectual property concerns, Content that contains any of the below is prohibited and may also lead to termination of Your account.
- Child Exploitation: You may not post or upload Content that exploits or abuses children, including but not limited to images or depictions of child abuse or sexual abuse, or that presents children in a sexual manner.
- Harassment, Bullying, Defamation and Threats: You may not post or upload Content that harasses, bullies, defames or threatens a specific individual.
- Hateful Content: You may not post or upload Content that condones or promotes violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition or veteran status.
- Illegal Activities: You may not post or upload Content that facilitates or promotes activities that go against the laws of the jurisdictions in which you operate or do business.
- Intellectual Property: You may not post or upload Content that infringes on the copyright or trademarks of others.
- Personal and Confidential Information: You may not post or upload any Content that contains personally identifiable information sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
- Self-Harm: You may not post or upload Content that promotes self-harm.
- Terrorist Organizations: You may not post or upload Content that implies or promotes support or funding of, or membership in, a terrorist organization.
- When You use the Service, Big Stitchy reserves the right to view, monitor, and record activity without notice or further permission from You, to the fullest extent permitted by applicable law, although we have no obligation to do so. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity involving use of the Service.
I. How do Payments Work on Big Stitchy?
Summary: Big Stitchy will only charge you fees if you subscribe to a Big Stitchy Premium Plan. No products are produced or shipped unless payment for those products has first been received via credit/debit, or from an existing Big Stitchy balance. Users have the option to change settings for when and how often they are charged. You cannot withdraw “sales credits” or “subscription bonus”.
- Unless Users subscribe to the Big Stitchy Premium Plan, there are no fees or charges for the platform itself.
- To order samples of Your Products or to fulfill any Customer Orders, You must pay for the Order in advance. The price You pay will be the price of the Product plus shipping and taxes (if applicable). These prices can be found in the Big Stitchy Catalog and on our Shipping Rates page. Orders will not be processed until payment has been received by Big Stitchy.
- Big Stitchy cannot pull funds that You may have available in any Sales Channel. In order to process payments on Big Stitchy, You need to either have a Credit or Debit card on file or connect Big Stitchy to your PayPal account. By default, Big Stitchy will charge funds for Orders from an existing Big Stitchy balance first, and if there is a remaining balance due then Big Stitchy will charge any saved Credit or Debit cards.
- Big Stitchy charges Users when Orders are sent to production. Users have the option to change their settings to adjust how often Orders are sent to production and whether Big Stitchy charges per Order or for multiple Orders together. These settings can be found here, after You create an account and connect a Sales Channel.
- Big Stitchy may issue a coupon. A coupon is virtual money that can be used for paying for manual and sample orders. You may use a coupon only for a single order. Multiple coupons cannot be combined. Each coupon’s value is divided according to the total line items in the order. It cannot be converted to cash or withdrawn.
- If you have an issue with your order, contact Big Stitchy before disputing your claim with your credit card company. If you have filed a dispute with your credit card company, we will not be able to issue you a refund as well, and we cannot make any refunds or replacements until the dispute is resolved or cancelled. If there are Order issues and after an investigation Big Stitchy offers you a refund, this will be provided in the form of a Big Stitchy credit and will appear in your Big Stitchy balance.
- Once a user withdraws funds from Big Stitchy balance it will be sent to the same payment source where it initially came from, whether it is a credit/debit card or a PayPal account. If a top-up is made via PayPal, withdrawal can only be made to the same PayPal account. In case the initial payment was made with a card, the Big Stitchy balance withdrawal will take place in the form of a credit/debit card full or partial refund. Subscription bonus provided to subscribers of the Big Stitchy Premium Plan will not be able to be withdrawn.
- Users are responsible for paying any necessary sales tax on their transactions. Because of the nature of dropshipping businesses, taxes differ depending on who produces or sells the Product, and where it is delivered. Big Stitchy recommends that You consult with an outside tax accountant.
- European Union (EU) regulations require Big Stitchy to collect Value Added Tax (“VAT”) on all orders produced and shipped within the EU. Users with businesses registered with the EU may apply for a VAT Exemption if the Users have a valid VAT number. If you qualify for a VAT exemption, contact Big Stitchy Merchant Support with your VAT number and business details and we will apply the exemption in our system.
J. How Does Big Stitchy Handle Order Related Issues?
Summary: If you have an issue with your order, contact Big Stitchy directly within 30 days of product delivery and provide all necessary information and photographic evidence. After investigation, we will determine if you are eligible to receive a replacement at no cost to you. Some issues do not qualify for replacement, they are outlined below.
- Big Stitchy does not hold any inventory and does not perform any of the printing itself. Other than issues caused by technical error, we are not responsible for the quality and outcome of Produced Orders. The quality of the production is dependent on the selected Provider. Each Provider has their own tools and procedures and Users are expected to perform their own research when selecting a Provider, as well as submitting Content that satisfies the provided print quality requirements. However, if your order has issues, steps for resolution are outlined below.
- Big Stitchy’s Merchant Support team handles all conflict resolution on behalf of our Providers. Users agree to contact Big Stitchy Merchant Support for all conflict resolution. If the Produced Order does not meet User or Customer expectations, Users must first contact Big Stitchy Merchant Support within 30 days of product delivery and will not contact the Print Providers. In order to best resolve the matter, the User should provide all relevant materials for Big Stitchy to investigate the issue, including a description of the Produced Order, the issue, and quantity of Products affected. If a User contacts the Provider directly, the User risks account suspension at Big Stitchy’s sole discretion
- Products are unique and produced to order, therefore, they are non-refundable. Once an Order has been sent to production it is sent to the Provider and the User can no longer edit the details of the Order or cancel it. If the shipment details are incorrect, or the Customer ordered the wrong size or color, Big Stitchy is not responsible and will not offer replacements or refunds. The User is responsible for relaying the correct information from the User’s Customers. Users may adjust the settings for when an Order is sent to production.
- Orders for products with recently updated artwork go through a Big Stitchy Quality Control process that checks for low-resolution imagery or any other design related issues. If an issue is discovered, Big Stitchy will send merchants an email explaining the issue and any possible product quality repercussions. If You choose to proceed with the order, or if Big Stitchy does not receive a response within 7 days of the email notification, the order will be submitted and You will not be eligible for any replacements or refunds for this order. Orders that don’t meet other criteria of Big Stitchy’s Terms of Service or Intellectual Property Policy will be cancelled, and charges refunded.
- The Production times listed on the Website are estimated average times and are in no way guaranteed. If Your Order seems to be taking an unusually long time to be produced or delivered, please contact Big Stitchy’s Merchant Support team. If the Produced Order is lost during Shipment, Big Stitchy will investigate and may provide replacements when appropriate.
- After investigating Your issue, if Big Stitchy’s Merchant Support team determines that your Product is faulty, Your Orders will be submitted for either reprint or replacement. Refunds are only provided if a subsequent reprint or replacement is also found to be faulty by our Merchant Support team. Refunds will be issued in the form of credits to Your Big Stitchy balance.
- Big Stitchy does not give refunds for orders that have been shipped without tracking until they are verified to be lost.
- If an order is returned to Big Stitchy due to an incorrect address, the User will be contacted by Big Stitchy Merchant Support to arrange a reshipment. The User will be liable for the reshipment costs once an updated address is provided and confirmed. Otherwise, packages will be donated after two weeks if Big Stitchy Merchant Support is not provided with a valid address for the reshipment. Reshipment costs include the original shipping cost of the product and a service fee of $4. The service fee covers any Charge On Delivery (C.O.D) fees that we get charged by the fulfillment operator and handling fees.
- If an order has not been delivered in 30 calendar days (for domestic US or regional EU orders) or in 45 calendar days (for international orders), merchants should contact Big Stitchy Merchant Support within 1 week in order to be eligible for a reprint/refund.
Summary: Embroidery is not like other print on demand methods and to avoid issues and complications, you must follow our embroidery guide closely.
- All designs for embroidery products must conform to the guidelines found in our Embroidery Design Guide.
- Images that do not meet guidelines, may be edited by our Print Partners during the digitization process to become eligible for embroidery. The final embroidered image may differ from your submitted artwork. In these situations, you are not eligible for replacements or refunds for those items.
- All images submitted for embroidery for the first time will have a 24-48hour digitization period. If there are multiple items in that order, the whole order will be delayed.
L. Can You Use Big Stitchy’s Image and Name?
Summary: We take intellectual property rights seriously and we kindly ask you to respect ours.
Big Stitchy, BigStitchy.com, Apps.BigStitchy.com, and other Big Stitchy graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, or trade dress of Big Stitchy that may not be used in connection with any Product or service without the prior written consent of Big Stitchy. The images and icons available in our brand and press kit may be used by partners and third party sites as long as the appropriate links to the Big Stitchy Website are included. Big Stitchy reserves the right to request removal of Your use of the images and icons at any time.
M. Limitation of Liability
Summary: We are not responsible for any losses you incur as a result of using our service. We are not responsible if you break the law or breach this agreement and are sued as a result. Please read this section carefully; it limits our obligation and responsibilities to you.
- Limitation of Liability. IN NO EVENT SHALL BIG STITCHY, ITS OFFICER, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISES, OR PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, OR FOR DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF THE FEES PAID AND PAYABLE BY YOU TO BIG STITCHY OR $100.00 (WHICHEVER IS MORE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- You agree to indemnify and hold Big Stitchy and, its parent, subsidiaries, affiliates, partners, and Providers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third party.
- Warranty Disclaimer. Big Stitchy controls and operates the Service from various locations and makes no representation that the Service is appropriate or available for use in all locations. Services may not be available in Your location or may vary across locations. THE SERVICE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. BIG STITCHY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
N. What if I Have Legal Issues with Big Stitchy?
Summary: If you have legal issues with Big Stitchy, you agree to talk to us first, and if we can’t resolve the situation together, we will follow professional procedures for arbitration. If the issue isn’t arbitrable, all legal issues will be handled in the State of Florida.
- If a dispute arises from or relates to these Terms of Service, You agree to first contact Big Stitchy Merchant Support to attempt to resolve the issue. If the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to the Terms of Service shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- To the extent any claim, dispute or controversy regarding Big Stitchy or our Service isn’t arbitrable under applicable laws or otherwise, You and Big Stitchy both agree that any claim or dispute regarding Big Stitchy will be resolved exclusively in accordance with Clause N.3 of these Terms of Service.
- These Terms of Service shall be governed by the laws of the State of Florida, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the United States District Court for the District of Florida, for any actions not subject to Arbitration as outlined in Clause N.1 herein.
O. Big Stitchy Premium Plan
Summary: Big Stitchy has a monthly and yearly subscription plan that offers a discount on all products. Both of these plans auto-renew and do not cancel if you uninstall the Big Stitchy app or disconnect your store. You have to cancel, before the renewal date.
- Recurring Subscription
- By subscribing to the Big Stitchy Premium Plan, you will receive discounts of up to 20% on all Big Stitchy products and the subscription will continue month-to-month or year-to-year until cancellation or termination. You must cancel your subscription before it renews each month/year in order to avoid billing for the next subscription period. There are no refunds after the billing date.
- Upon subscription, You will receive a one-time only bonus credit that will be applied to your Big Stitchy Balance. This bonus will not be reapplied the following month or year, nor will it apply if you unsubscribe and resubscribe, or change your subscription plan. The bonus credit will be applied to your next customer or sample orders.
- Before you subscribe to the Premium plan, you will be able to preview and compare both prices. After subscribing, the Premium plan prices will be the only prices displayed to you throughout the catalog. All visible prices from this point forward will have the Premium plan discount applied.
- By starting your subscription, you authorize us to charge you a full subscription fee. You acknowledge that the amount charged may vary from time to time for reasons that may include promotional offers, or changes in subscription plan. You authorize us to charge your payment card for these amounts.
- Big Stitchy reserves the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in sole and absolute discretion. Any price changes to your service will take effect following a notice by email to you.
- You will be charged for the subscription fee immediately and the charges will auto-renew every month for monthly subscriptions and every year for yearly subscriptions unless you cancel the subscription.
- We automatically charge your payment card every month or every year on the calendar day corresponding to the commencement of your subscription. We reserve the right to change the timing of the charge if your payment card has been declined. In the event your subscription is started on a day not contained in a given month, we will charge your payment card on a day we deem appropriate. For example, if your subscription started on August 31, we will likely charge the next fee on September 30.
- In case you switch from a monthly (not cancelled) to a yearly subscription, your monthly subscription will be terminated immediately and the yearly subscription will be activated starting from the switching date. The amount charged for unused days within your monthly subscription will be proportionally deducted from the yearly subscription fee. For instance, if you switch from a monthly to an yearly subscription plan halfway through the month, you will be charged the yearly subscription, minus the sum for unused days in the month.
- In case you switch from a monthly (cancelled) but still active to a yearly subscription, your monthly subscription will be terminated immediately and the yearly subscription will be activated starting from the switching date. However, the full amount for a yearly subscription will be charged in this case.
- SUBSCRIPTION FEE CHARGES ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDIT FOR PARTIALLY USED SUBSCRIPTION PERIODS. After a cancellation, you will continue to have access to the discounts throughout the end of your billing cycle.
- To cancel your subscription, access the Payment section by clicking on the setting icon in the upper right-hand corner of your account page, for a dropdown menu. After cancelation, the subscription will be active until its expiration date but will not be auto-renewed.
- Please note that you must unsubscribe before the next billing cycle to avoid charges for the following month or year. Big Stitchy Subscription fee charges cannot be refunded.
- We can only charge your payment cards for the Premium plan subscription and cannot use your Big Stitchy balance instead.
- Big Stitchy Premium does not automatically get cancelled when you disconnect your Big Stitchy store or uninstall the Big Stitchy app. It must be manually canceled from the Payment section to stop all subscription charges.