Terms of use

1. Who we are

Hoopy is provided by [RAGIONE SOCIALE], registered office at [SEDE], VAT number [PARTITA IVA] (“we”, “us”). You can email us at [EMAIL DI CONTATTO]. How we handle data is explained in the privacy policy.

You download Hoopy from the App Store or Google Play, so the terms of that store apply too. Apple and Google are not parties to these terms and are not responsible for the app.

2. What Hoopy does

Hoopy turns photos, drawings, logos and lettering into files for embroidery machines (PES, JEF, EXP, VP3, XXX, ZHS and DST formats) and opens, resizes and converts the embroidery files you already have. Processing happens on your phone. You need a phone that supports the app version; we can't guarantee that every file will work with every machine, hoop or software version. Hoopy doesn't send files to the machine today: you save or share them yourself.

3. Your account and signing in

The first time you open the app, it creates an anonymous account tied to the phone. Signing in with Apple or Google is optional: it's needed for the welcome designs, to find your plan and paid designs on another phone and, in some cases, when a subscription is used on more than three phones within 30 days. You're responsible for the phones and the Apple or Google accounts you use with Hoopy.

You can sign out or delete your account at any time from your Profile. Deleting your account doesn't cancel a subscription (section 6), and welcome designs you've already used don't come back.

4. Designs, free and with a plan

What a design is

A “design” is a new piece of content turned into stitches: a picture or the words of a piece of lettering. The same content exported again at another size, on another fabric, in another format, with other threads or in another font is not a new design, and exporting it again is free forever on every phone on your account. A different text (even one letter corrected after exporting) or a different picture is a new design. Opening, viewing, resizing and converting embroidery files never uses designs.

Free

• Opening, viewing, resizing and converting embroidery files, with no account.
• 3 welcome designs per account, in total and across all phones, when you sign in with Apple or Google. A phone where they've already been used won't get more with a different account.

Plans

• 7 days: 5 new designs in total, over seven days. Doesn't renew.
• 1 month: 30 new designs a month. Renews monthly.
• 12 months: 30 new designs a month, counted month by month from the day you start. Renews yearly.
• Top-up +10: 10 extra new designs, available only with an active plan. They're used after your period's designs and never expire, but you need an active plan to use them.

Designs you don't use in a period don't carry over to the next one. With a plan you can create up to 6 new designs a day; for everyone, free users included, the limit is 100 exports a day. Your plan and designs belong to your account, and all the phones on the account share the same quota.

Offline

So you can keep working offline, your phone keeps up to six of your plan's designs on hand. If it doesn't connect for more than seven days, new designs pause until it connects again; opening, converting and re-exporting keep working.

The price, length and features of each plan are shown to you before you buy, in the app and in the store. We may change the plans in the future; a change never affects a period you've already paid for.

5. Purchases and payment

Plans and top-ups can only be bought in the app, through the App Store or Google Play, with the payment methods the store accepts. Payment is charged to your Apple or Google account when you confirm the purchase. The store is the seller of the transaction, issues the receipt and applies its own terms.

The 1-month and 12-month plans are subscriptions that renew automatically at the same price and for the same length unless you turn off auto-renewal at least 24 hours before the end of the current period. The 7-day plan and the top-up don't renew. If the store tells us about a payment problem, your plan may stay active during the store's grace period.

Discount codes are personal and single-use, are only for people who have never subscribed, and apply only on the terms stated with the code.

6. Cancelling

Cancel a subscription from your Apple account settings (Settings → your name → Subscriptions) or in Google Play (Payments & subscriptions → Subscriptions). Your plan stays active until the end of the period you've paid for, then doesn't renew. Uninstalling the app or deleting your account does not cancel the subscription.

7. Refunds and withdrawal

Because payments go through the stores, refunds are requested from Apple (reportaproblem.apple.com) or Google (from your Google Play order history), under their rules. If a purchase is refunded, the refunded plan or top-up ends straight away.

Nothing here affects your statutory rights as a consumer, including the right of withdrawal under EU and Italian consumer law, which for digital content supplied immediately with your consent may no longer apply once supply has begun. [CHECK the wording on withdrawal and digital content with a lawyer]

8. What you can and can't do

You can use Hoopy for your own work, professional work included. You can sell the items you embroider, on any plan. The embroidery files you create with Hoopy are for personal use: they can't be given away, shared publicly or sold, on their own or in collections.

You may not:

• use pictures, logos, trademarks, characters or fonts you don't have the right to use, or content that is unlawful, offensive or infringes other people's rights;
• get around the plans' limits, for example by tampering with the app, the phone, its clock or the app's data, or by creating accounts to get more welcome designs;
• decompile, modify or copy the app or the service, except as the law allows anyway;
• use the app or the service with automated programs, or in a way that overloads or harms it.

If you breach these terms we may suspend or close your account, giving you notice first where we can.

9. Your content

The pictures, texts and fonts you use remain yours and stay on your phone: we don't receive them and we acquire no rights in them. You're responsible for having the rights you need to use and embroider them. Fonts you import must be licensed for embroidery use.

10. Our rights

The app, the embroidery engine, the Hoopy name and brand, the mascot and the texts belong to us or our licensors. We give you a personal, non-exclusive, non-transferable licence to use the app under these terms and the store's rules. The Montserrat fonts included in the app are distributed under the SIL Open Font License.

11. Liability

We do our best to make Hoopy work well and to make the files right, but how a design stitches out also depends on the machine, hoop, fabric, stabiliser, thread and settings. Before stitching on an important piece, test the file on a scrap.

To the extent the law allows, we're not liable for indirect damage, for ruined fabric, thread or materials, or for the service being temporarily unavailable for reasons beyond our control. We don't exclude or limit liability for wilful misconduct or gross negligence, for personal injury, or any rights the law gives consumers, including the legal guarantee of conformity for digital content and services.

12. Availability and changes

We may update the app and the service, add or remove features and, with reasonable notice, stop offering them. If we stop offering a plan you've already paid for, we'll tell you how to get a refund for the unused part through the store, where the law or the store's rules provide for it.

We may change these terms. We'll let you know in the app about significant changes before they take effect; if you don't accept them, you can stop using Hoopy and cancel your subscription.

13. Governing law and disputes

These terms are governed by Italian law. If you're a consumer, you keep any more favourable protection under the law of the country where you live, and the courts of the place where you live have jurisdiction. Before going to court, please write to us: we always look for a solution.

14. Contact

[RAGIONE SOCIALE], registered office at [SEDE], VAT number [PARTITA IVA]. Email: [EMAIL DI CONTATTO].