Terms of Service

Introduction

Pixel Bunny Studios LLC maintains the Terms of Service, which are effective as of dated above.

Pixel Bunny Studios LLC. (“PBS”, “CINCHQuilt^™” “we” “us” or “our”), makes its productivity, collaboration, and quilt design and visualization tools available online, including via a mobile application, as subscription services (each, a “Subscription”, “Subscription Service” or “Membership”) as well as training content, videos, social community forum (“Community”), and other professional services (“Professional Services” and collectively with the Subscription Services, Support (as defined below) and any other services described on an Order, the “Services”). Our marketing websites, including cinchquilt.com and pixelbunnystudios.com are referred to herein as the “Websites”.

We may update these Terms of Service (the “Terms”) as needed in accordance with the “Changes to the Terms” section below.

DISPUTES ABOUT THESE TERMS OF SERVICE AND THE SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS SET FORTH IN THE “MANDATORY ARBITRATION” AND “CLASS ACTION WAIVER” SECTIONS BELOW.

1. Your Relationship with Us

Pixel Bunny Studios LLC grants you a limited, non-exclusive, non-transferable, revocable license to use our services, including access to the CINCHQuilt^™ software platform and features on a subscription basis and the purchase of physical products offered through our eCommerce platform, strictly in accordance with these Terms.

Types of Users. We have three different types of end users: (a) “Visitors”, who are non-subscribed visitors of the Websites; (b) “Users”, who are subscribed Users who are part of a paid subscription plan (collectively, the “User(s)” or “you” for the purposes of these Terms. The features and functionalities available to Users are determined by the subscription tier.

By visiting our website(s) and/or using our Services and products you agree that these Terms create a legally binding agreement between you and Pixel Bunny Studios LLC and govern your use of the Services and Websites.

2. Accepting the Terms

Acknowledgement of these Terms. You acknowledge and agree that you have read, understand, and agree to be bound by these Terms by (a) clicking or tapping on a button indicating your acceptance (this usually will occur during the registration or purchase process), (b) accessing or using a Service or Website(s), or (c) completing a purchase payment for services or products.

You have the Power. By accepting these Terms, you represent that you have the legal authorization to do so. If you accept these Terms on behalf of an organization or otherwise a business, (a) “you” and “your” will refer to that organization and any individual accessing a Service through your account will be referred to as a “User”; (b) you represent and warrant that you have the authority to bind the organization; and (c) you understand and agree that the organization is bound by and responsible for ensuring that each of its Users comply with these Terms.

Prohibited Users. If you are barred from receiving the Services under the laws of the United States or other countries, including the country in which you are a resident or from which you use the Services, you may not use the Services and not accept the Terms.

Age Requirement for Users. You must be 18 years of age or older to create an account for Services or Products.

3. Usage of Accounts and Memberships

Registration. To access certain features of our Service, you will be required to create a subscription account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Access and Security. You will obtain, maintain, and support all internet access, equipment, and ancillary services needed to access the Services and Products. Subscriptions are solely for the named individuals that completed the purchase and cannot be shared or used by more than one individual at a time. You agree to maintain a strong / secure password for accessing all Services and keep the password confidential.

Your Responsibilities. You are responsible for: (a) access to and use of the Subscription Service(s) and to maintain compliance with these Terms; (b) the secure transmission of your Content to the Subscription Service(s); (c) the legality, reliability, integrity, accuracy and quality of the Content, any conclusions drawn or actions taken therefrom, and the means by which you or the Users acquired the Content so that PBS may lawfully use, process, and transfer the Content in accordance with these Terms; (d) if desired, backing-up your Content outside of the Subscription Service; (e) using commercially available technologies to prevent the introduction of viruses, malware, Trojan horses, worms, spyware or other destructive code (“Malware”) into the Subscription Service(s); and (f) instructing the Users on the Use Restrictions and the limitations on Protected Information below, and ensuring that those limitations and/or Use Restrictions are not breached. “Content” means the data, information, images, and other content that is uploaded to, imported into or created in a Subscription Service by the Users, all of which is your Confidential Information.

Protected and Confidential Information. You acknowledge that the Subscription Service(s) were not designed or intended to process Protected or Confidential Information and that We do not classify Content or provide special protection based on the type of data submitted by you. If Protected or Confidential Information is entered into a Subscription Service, We will treat such information as your Confidential Information and afford it the protections in these Terms but will not afford it any added protections based on the type of data provided. You acknowledge that any Protected or Confidential Information submitted is done so at your own risk and We will not be liable for heightened or statutory damages due to the nature or type of Protected Information submitted. “Protected and Confidential Information” refers to information that is subject to specific regulations or laws that impose increased protections, obligations and/or penalties with respect to handling that type of information or that is not appropriate for use in the Services, as intended by Us. Protected Information includes, without limitation, classified information, data that is subject to the Payment Card Industry Data Security Standards (PCI DSS), Health Insurance Portability and Accountability Act (HIPAA), Gramm-Leach-Bliley Act (GLBA), Criminal Justice Information Services (CJIS) Security Policy, IRS Publication 1075 or any similar legislation in an applicable jurisdiction, or any credit or debit card and magnetic stripe information, government issued identification numbers, health or biometric information, education records, financial account information, personally identifiable information (PII) of adults (age 18 or over) or children under the age of 16, or information deemed “sensitive” or “special category” under applicable law (such as racial or ethnic origin, political opinions, or religious or philosophical beliefs).

Restrictions of Use. You will not and will ensure that each User does not: (a) license, sublicense, sell, resell, rent, lease, transfer, distribute, provide access, or otherwise commercially exploit, or make the Services or Products available to any third-party except as expressly authorized herein; (b) copy, modify, translate, adapt, merge, or create derivative works of the Services or Products or disassemble, decompile, reverse engineer, or otherwise extract the source code of, or reduce to human-perceivable form, any part of them unless the foregoing restrictions are expressly prohibited by applicable law; (c) use or access the Services or Products (i) to develop a product or service that competes with PBS or (ii) other than in compliance with these Terms and all applicable laws and regulations (including export control laws and restrictions); (d) remove or modify any proprietary markings or restrictive legends in a Subscription Service or on the Products; (e) infringe or misappropriate any PBS Assets; (f) attempt to gain unauthorized access to the Services or any portion thereof; (g) knowingly, intentionally or negligently introduce Malware into, or otherwise engage in any malicious act or disrupt the security, integrity or operation of, a Subscription Service; (h) access or attempt to access a Subscription Service by any means other than Our publicly supported interfaces, including any automated means (i.e. use of scripts or web crawlers); (i) probe, scan, or test the vulnerability of any of Our system or network; or (j) access, store, create, share, display, publish or transmit any material that a person would reasonably believe to be unlawful or related to illegal activity, threatening, deceptive, defamatory, discriminatory, obscene, libelous, an invasion of privacy, or infringes the intellectual property rights of a third-party through the Services (a-j collectively, the “Use Restrictions”).

4. Subscription Terms, Trails, Renewals, and Cancellations

For all subscription products, we offer various subscription plans. We will charge your chosen payment method in advance for use of the Services on the frequency that you select. The term of your Subscription Service will be available in your account settings and/or set forth in the associated Order. Unless otherwise communicated to you, credit card, debit card, or other non-invoice forms of payment are due at the beginning of the relevant Subscription Term.

Any free trial period offered is intended for new customers only. Eligibility for any free trial period is limited to new customers who have not previously held a paid subscription or used a free trial. Unless you cancel before the end of the trial, your subscription will automatically convert to a paid subscription at the end of the trial period.

Except as expressly set forth in these Terms or when required by applicable law (a) all fees are non-cancellable and once paid are non-refundable; and (b) quantities purchased cannot be decreased during a Subscription Term.

Your subscription will automatically renew at the end of each billing cycle (Monthly or Annually) unless you cancel it before the renewal date. You authorize us to charge your payment method on file for the renewal term. Subscriptions can be cancelled at any time and will not automatically renew at the end of the current billing cycle. Cancellation of a Subscription cancels the Subscription Service at the end of the current billing cycle and does not result in a prorated, partial, or full refund of previous purchase Services. You will be entitled to continue use of the Subscription Service until the end of the current billing cycle, at which point will automatically be canceled and not renewed for the subsequent term. If you want to cancel your auto-renewal or terminate your subscription, you must do so by: (a) notifying Us at support@cinchquilt.com; or (b) canceling your subscription in the Accounts Settings page, no less than 2 days before the end of your current Subscription term.

The “Lifetime” subscription plan requires a one-time payment in advance for the use of the Services and has no renewal period. The term “Lifetime” and “forever”, as it applies to subscriptions and licenses, refers specifically to the operational lifespan of CINCHQuilt™ software and Pixel Bunny Studios LLC, including its subsidiaries, successors, and operating entities. It does not refer to the lifetime of the user. The “Lifetime” subscription remains valid for as long as the CINCHQuilt™ software and its related services are actively supported and maintained by Pixel Bunny Studios LLC. Pixel Bunny Studios LLC reserves the right to discontinue CINCHQuilt™ software and its services at its sole discretion, at which point the “Lifetime” subscription will no longer be valid.

Unless specified in an Order, the pricing applicable to a Service is specified on the Websites. We reserve the right to modify pricing at any time for renewal periods; provided, that We will notify you (the Account Owner) prior to any price increase affecting your account, and such modified pricing will not take effect during your then-current Subscription Term. If you do not accept the pricing change, you may elect to not renew your Subscription.

5. eCommerce Terms

When you purchase physical products, you agree to pay the stated price, along with any applicable taxes and shipping fees. All sales are final, except as provided in our Return and Refund Policy.

6. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of Pixel Bunny Studios LLC and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PBS. Except as expressly set forth herein, We do not convey any rights to the Customer or any User. “Assets” means (a) the Subscription Service(s), work product, Documentation and Deliverables; (b) all copyrights, patents, trademarks, trade names, trade secrets, specifications, technology, software, data, methodologies, machine learning models, changes, improvements, components and documentation used to provide the Services or made available in connection herewith, and all intellectual property, proprietary rights and underlying source code, object code, and know-how in and to the foregoing.

You hereby grant Us a limited, worldwide, non-exclusive, non-transferable, right to access, use and process Content until removed from a Subscription Service: (a) as requested by you or a User; (b) as necessary to provide and improve the Services, including to identify, investigate, or resolve technical problems with the Services; (c) to detect and prevent fraud or violations of these Terms; and (d) as required by applicable law, regulation, legal process or enforceable governmental request.

Pixel Bunny Studios LLC owns all rights to the Platform Usage Data and Statistical Data and may perform analysis on this data (“Analysis”). We may use Analysis data for its our own business purposes (such as improving, testing, and maintaining a Subscription Service, training machine learning algorithms, identifying trends, and developing additional products and services). Provided that We do not reveal any of your Confidential Information or the identity, directly or indirectly, of any User or entity, We may publish Feedback and anonymized aggregated Statistical Data and Analysis. “Statistical Data” means data generated or related to the provision, operation or use of a Subscription Service, including measurement and usage statistics, configurations, survey responses, and performance results.

7. User Conduct

You agree not to use the service in a way that:

• Violates any laws or regulations.
• Infringes on the rights of others.
• Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.

8. Termination

We may terminate or suspend your account and bar access to the service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

9. Limitation of Liability and Warranties

In no event shall Pixel Bunny Studios LLC, nor its directors, employees, partners, agents, suppliers, affiliates or users, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING ANY THIRD-PARTY APPLICATION WITH WHICH THE SERVICE MAY INTEROPERATE. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME OR THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. 

You will indemnify Pixel Bunny Studios LLC against any Claim made or brought against Us by a third-party or User (a) alleging your Content infringes or misappropriates any intellectual property rights; (b) related to ownership or use of your Content; or (c) related to an administrator’s actions with respect to your account, including any finally awarded damages or settlement amount and reasonable expenses (including attorneys’ fees) to the extent arising from such Claim.

10. 3rd Party / Sharing Features

3rd Party Content. The Services may contain content provided by others (such as templates authored by other Users, images and content authorized by 3rd parties) that may not be owned by Us and may be protected by intellectual property rights of third parties. Such content is the sole responsibility of the person or entity from whom it originated.

Sharing Content. The Subscription Services allow you to share information and Content within your account, outside your account and even publicly to Social Media platforms. You are solely responsible for the Content that you create, transmit, display or share with others while using the Subscription Services, and for the consequences of your actions. 

Collaboration. If you accept an invitation to view or collaborate on another User’s Content, you acknowledge that your access to that Content and any information you provide or changes you make will be under the sole control of the owner of that Content. In addition, the owner of that Content, other Users who have access to that Content and the owner and administrators of the account containing that Content will be able to view certain information, including personal information, about you.

11. Publicity and Marketing

We may use your name, corresponding trademark or logo, and non-competitive use details in both text and pictures to identify you as a customer and highlight such use details, subject to any usage guidelines you provide to Us, in publicly available oral and written statements, including on Websites, in marketing materials, and in press releases. To request removal of this identification, please notify us in writing at support@cinchquilt.com. In addition, We may disclose the relationship between you and Us if legally required or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

You agree that We may contact you with notices and marketing campaigns by email and phone SMS messages based on the Services.

11. Updates to Services

We made updates (e.g. bug fixes, enhancements) to the Subscription Service(s) on an ongoing basis. You consent to allow Us to delivery of make updates automatically through the Subscription Service(s). Except for urgent updates, We schedule maintenance during non-peak usage hours (that minimizes the impact on the majority of Users).

Changes

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. When these changes are made, We will update the Terms available at https://cinchquilt.com/legal/terms-of-service, as applicable. You understand and agree that if you are using the Services after the date on which the Terms have changed, We will treat your continued use of the Services as acceptance of the updated Terms.

Contact Us

If you have any questions about these Terms, please contact us at support@cinchquilt.com.