Licencsing and Use Policy

CONVENIENCE TRANSLATION. ONLY THE GERMAN LANGUAGE VERSION IS BINDING. GERMAN LANGUAGE WILL ALSO BE USED FOR ALL CORRESPONDENCE FROM FADENFRISCH.

Valid from 02.03.2020

Definition embroidery file

In the following, "embroidery file" refers to digital content that is used to create machine embroideries with electronic embroidery machines on textiles or textile-like materials. The subject matter of the contract is the transfer of the digital content offered by Fadenfrisch e.U. (hereinafter referred to as "Licensor") to the customer (hereinafter referred to as "Licensee") in electronic form under the granting of certain rights of use regulated in more detail in the General Terms and Conditions and the present Terms of Use.
An embroidery file is not a finished product (patches, appliqués, etc.), but exclusively the data (not on a physical data carrier) containing the control commands for the production of the design illustrated in the product description by means of an electronic embroidery machine.

Delivery form, file format, motif size

The delivery (transfer of the contents) takes place exclusively in electronic form via download from the website of the licensor. In exceptional cases or for certain products (see the respective description), the content may also be delivered by e-mail.
The embroidery file is available in different file formats and partly in different motif sizes. It is the customer's responsibility to select the file format suitable for his embroidery machine and the motif size (output size) suitable for his embroidery hoop. The customer is responsible both for saving the embroidery file on a suitable data carrier and for transferring the file from the computer to the embroidery machine.

Right of use and intended purpose

The embroidery file and the designs and motifs contained therein are subject to copyright.
By paying the license fee defined in the respective item description, the customer acquires the non-exclusive right to use the embroidery file within the scope of these terms and conditions, unlimited in terms of time and place. The right of use is bound to the person of the buyer (owner of the user account) and is not transferable. The transfer of the embroidery file to third parties (including resale, exchange, gift) or the creation of copies for third parties is not permitted.
The embroidery file may only be used to embroider textiles with an embroidery machine. Conversion into other file formats and/or further processing as well as use for other purposes (plotting, printing, fabric design etc.) or for the production of other goods and products is prohibited.
The embroidery file may only be used in the original. Only the own colour selection within the embroidery file or single-colour embroidery is permitted. It is not permitted to change, remove or remove parts, insert foreign embroidery files or use or imitate parts or details in your own designs.

Private use and small business

The embroidery file may be used in the private sector on all materials and without quantity restrictions. The free passing on (e.g. as a gift) of the embroidered works is expressly permitted.
The embroidery file may also be used in the context of a small trade for products (patches, pendants, textiles, etc.) produced by hand with household/hobby machines. The sale of the products is limited to a maximum of 25 pieces per embroidery motif. For larger quantities, an additional business licence can be purchased from FADENFRISCH.
Any embroidery files (freebies) offered for free download may only be used privately.

Labelling of products with our embroidery files

In case of publication (internet, blog, social media, catalogue, print, etc.) or sale of products embroidered with FADENFRISCH embroidery files, the following note must be added to the description: "Embroidery design: FADENFRISCH".

Business licenses

With the additional purchase of a business licence, the sale of embroidered textile products in larger quantities is permitted.
The industrial processing (mass production) or the pure sale of finished embroidered motifs of any form (such as appliqués, iron-on images, patches, patches, pendants, etc.) is not included in the business license and requires a separate contractual agreement. It is also not permitted to pass on the file to third parties for the production of goods or merchandise.
The embroidery file is not included in the price of the trade licence. A separate commercial licence must be purchased for each motif/design. A trade license is therefore only valid for the named embroidery file. The business license is personal and cannot be transferred.
The duration (validity) of the business license and the maximum number of products produced with the licensed embroidery file can be found in the description of the respective license model.

Disclaimer

All embroidery files have been tested in the most common file formats with several embroidery machines, on different surfaces and with different yarns. In addition, however, there is a large number of other embroidery machines in different series, partly different versions of the respective file formats and countless backgrounds and threads, which makes it impossible to test all combinations completely. Furthermore, errors in the provision of the files on the server cannot be completely excluded. We therefore strongly recommend to test the embroidery file on the desired ground (remaining material) and with the desired thread before embroidering on garments or other high-quality workpieces.
The selection and assessment of the suitability of the textiles, yarns, fleeces, foils, needle sizes etc. as well as the correct setting of the embroidery machine (thread tension etc.) is the responsibility of the processor. In particular, depending on the machine type, age and maintenance of the machine, as well as on the yarn thickness used and the type of yarn, a deviation in the embroidery pattern is possible.
No liability is accepted for damage caused by failure to test the embroidery file, improper selection of materials or improper operation of the embroidery machine.
It is pointed out that manipulation of the embroidery files (e.g. scaling to change the output size) with the embroidery machine or a corresponding program always leads to a deterioration of the quality and in the worst case the file becomes unusable.

Exclusion of return and revocation

The embroidery file is digital content that is excluded from return and exchange.
Since the download link is activated immediately after payment has been made (thus before the end of the revocation period), the right of withdrawal expires prematurely.