Licence Terms for Beh.Stitched (End User Licence Agreement)

This is a translation. The German version of these terms is the binding one. In the event of any discrepancy or dispute over interpretation, the German text prevails. It is available in the application under "File → About / Legal" and at the provider's website.

Between you (the "User") and

Christian Behrenbruch, Schwarzer Weg 11A, 22955 Hoisdorf, Germany (the "Provider")

the following terms apply to the use of the software "Beh.Stitched" (the "Software").

1. Subject matter

1.1 The Software is a program for creating machine embroidery files. The licence is granted against a one-off payment for the use of the version supplied at the time of purchase. The licence ends only in the cases provided for in these licence terms.

1.2 The scope of functions is defined by the product description valid at the time of purchase. The Provider owes no characteristics beyond that.

1.3 Drawing, editing, preview, saving project and stitch documents and the worksheet are available without a licence. On iPad, five machine-format exports (DST, EXP, PES, JEF, VP3, XXX and TAP) are provided once per Apple account, shared across its iPads. One export job counts once, including multiple hoops or companion files. Exporting again counts again. The free allowance is provided automatically without an offer code. It requires internet and iPadOS 16.3 or later and is not reset by reinstallation. The sixth job requires a personal or commercial licence as a one-time in-app purchase. SVG, DXF and saving films require a licence from the first export. The “All formats” batch export belongs exclusively to the commercial licence. Windows and Mac have no free-export allowance.

2. Licence types

The Software is offered in two licence types.

2.1 Private licence. It entitles the User to use the Software for private purposes not directed at generating income.

2.2 Commercial licence. It is required as soon as the User generates income from the created embroidery file itself or from an item embroidered with it. This is the case in particular for

• selling the created embroidery file for payment, for instance through marketplaces such as Etsy, Makerist or Kasuwa,
• selling goods embroidered using a file created with the Software — including single items and occasional sales, for instance at markets or in one's own shop,
• creating embroidery files or embroidered goods for payment on behalf of third parties,
• use within an embroidery or textile business.

2.3 What is NOT covered. Income that arises merely incidentally, without the embroidery file or the embroidered item itself being paid for, is not covered. This includes in particular

• advertising or subscription revenue from videos, streams or posts in which a work made with it is merely shown,
• donations and tips without consideration,
• passing on created embroidery files free of charge, for instance to friends or within non-commercial communities.

2.3a Further clarification. The only decisive question is whether income within the meaning of clause 2.2 is generated with the work product — not the User's legal form, not the amount of the income, and not whether a trade has been registered. In case of doubt an informal enquiry to info@behpunktdesign.de suffices; the answer is free of charge.

2.4 Change of licence. If the User takes up a use falling under clause 2.2, a commercial licence must be acquired before that use begins.

On Windows and Mac, a purchased personal licence can be extended to a commercial licence through the personal upgrade offer at Digistore24. The amount already paid for the personal licence is credited against the commercial price. The exact additional price is shown before placing the order. The existing licence key is retained; the original purchase and upgrade form one licence covering up to five simultaneously activated Windows and Mac devices in total.

On iPad, an active personal licence can be extended through the one-time in-app purchase “Commercial licence upgrade”. The upgrade price is set so that the personal licence and upgrade together cost no more than buying the commercial licence directly in the same currency. The upgrade requires a valid personal licence on the same Apple account. Both purchases are checked together when restoring them.

3. Scope of the rights of use

3.1 The Provider grants the User the non-exclusive right to use the Software within the scope of the licence type acquired. The right of use covers the version supplied at the time of purchase, for as long as the licence is effective under these terms.

3.2 On Windows and Mac, the licence may be active simultaneously on

• three devices under the private licence,
• five devices under the commercial licence.

3.3 The User may release a device within the Software at any time and activate the licence on another device instead. Without the optional Beh.Stitched account, device changes are not limited in number. With an account, two computer replacements within 30 days are available after the initial places have been used. A released computer continues to occupy its place until any existing offline licence expires.

The optional Beh.Stitched account allows a verified purchase to be used on other supported platforms. The User's own iPads do not occupy device places or consume computer replacements. Account activation on all iPads requires the same Apple Account for the App Store and the same Beh.Stitched account. For a Digistore purchase, the Apple binding is established on the first iPad. It may be changed after at least 30 days and after previous offline licences expire. The Apple Account that owns a linked App Store purchase cannot be replaced here. Direct App Store purchases remain usable without a Beh.Stitched account.

3.4 The User may make backup copies to the extent necessary to safeguard future use.

3.5 Time-limited licences. By way of exception to clause 3.1, the Provider may issue licences for testing or trial purposes with a set expiry date, for instance to test users. The expiry date is communicated before issue and can be viewed in the Software; the right of use ends at the end of the stated day.

No expiry date is set for a licence acquired against payment. In particular, it does not end merely because a certain period has passed since its acquisition or since it was last used.

3.6 Licence confirmation on Windows and Mac. The licence is confirmed online at intervals. If this does not succeed — for instance without an internet connection — the Software initially remains fully usable. Only once no confirmation has succeeded for more than 30 days does the export function under clause 1.3 pause until the next contact is established; all other functions remain available. Designs and work products are never affected by this.

3.7 End of the licence server. Should the Provider discontinue operation of the licence server, it will, before the shutdown, release existing licences such that no further online confirmation is required for them. Use of a licence already acquired therefore does not depend on the continued existence of the licence server.

4. Rights in the created embroidery files

4.1 All embroidery files and other work products created with the Software belong exclusively to the User. The Provider claims no rights in them whatsoever — neither copyright nor rights of use nor remuneration rights — and this applies regardless of whether the results are used privately or commercially.

4.2 The User needs no further consent from the Provider in order to exploit the work products. Attribution of the Provider is not required.

4.3 The obligation to acquire the commercial licence for a use under clause 2.2 concerns solely the permission to use the Software and leaves the User's rights in the work products untouched.

4.4 The User is responsible for holding the necessary rights in the source material fed into the Software (such as images, graphics, logos or typefaces). This applies in particular to typefaces: the Software ships no fonts of its own but accesses the fonts installed on the User's device. Whether their licence permits use for embroidery and, where applicable, commercial exploitation of the result is for the User to verify.

4a. Third-party components

The Software contains open-source components of third parties which are subject to their own licences (among others the MIT and Apache 2.0 licences). The corresponding licence texts and copyright notices are supplied with the Software and can be viewed in the application under "About / Legal". For those components the respective licence terms take precedence over these terms.

5. Transfer of the licence

5.1 The User may permanently transfer the licence to a third party.

5.2 This is subject to the conditions that

• the licence is transferred in full, so that it is not split between several acquirers,
• the User deletes or renders unusable all copies of the Software remaining in their possession and releases all device activations,
• the User does not continue to use the licence after the transfer, and
• the acquirer accepts these licence terms.

5.3 Where the licence is transferred to an acquirer who uses the Software as described in clause 2.2, a commercial licence is required.

6. Updates

6.1 Included in the purchase price, without further separate payment, are

• bug fixes and
• updates that improve or extend existing functions.

This applies in accordance with the statutory update obligations and the other provisions of these licence terms.

6.2 Not included are entirely new functional areas. Those remain reserved for larger new major versions, which are purchased separately. Holders of a licence for the preceding version are offered the acquisition of a new major version at a reduced price.

6.2.1 A major version is a version of the Software whose version number increases in its first component (a step from 1.x to 2.0 and correspondingly thereafter). All versions sharing the same first component — including those with an increased second or third component, such as 1.4 or 1.4.2 — are updates within the meaning of clause 6.1 and are included in the purchase price. The version number of the acquired copy is shown in the Software under "About / Legal".

6.3 There is no entitlement to the provision of particular updates or to the release of a new major version. The User's statutory rights to updates under consumer contracts for digital products (§§ 327 et seq. German Civil Code) remain unaffected.

7. Support

The Provider offers support with questions about the Software voluntarily and without any legal entitlement arising. No particular scope, availability or response time is owed. The User's statutory rights in case of defects (clause 9) remain unaffected; they do not depend on whether or to what extent support is provided.

8. Machine compatibility and the User's duty to test

8.1 The Software creates files in widely used embroidery formats. The Provider does not warrant that a created file will work with any particular machine model, any particular firmware or any particular third-party software. The formats are developed further independently by the respective manufacturers and are not in every case publicly documented.

8.2 The User is obliged to test every created embroidery file on a test piece before using it on valuable material, and to supervise the embroidery process while doing so. This check corresponds to the care customary in the machine embroidery trade.

9. Warranty

9.1 The statutory provisions on rights in case of defects apply. For consumers these rights are not restricted.

9.2 The Provider points out that, according to the state of the art, software cannot be produced entirely free of defects. A defect exists only where the Software does not have the agreed characteristics or those presupposed under the contract.

10. Liability

10.1 The Provider is liable without limitation

• for intent and gross negligence,
• for injury to life, body or health,
• under the provisions of the German Product Liability Act, and
• to the extent of a guarantee assumed by the Provider.

10.2 In case of ordinary negligence the Provider is liable only for the breach of a material contractual obligation, that is an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the User may regularly rely. In that case liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded.

10.3 Outside the cases governed by clauses 10.1 and 10.2, the Provider's liability is excluded. That concerns in particular damage to material, textiles, embroidery machines or other property arising during embroidery on the basis of a created file, and lost profit and production downtime — in each case only in so far as they are not already recoverable under clause 10.1 or 10.2. Where such damage results from the breach of a material contractual obligation, liability under clause 10.2 remains; damage to material, textiles or machines is then recoverable to the extent stated there.

10.4 If the User breaches the duty to test under clause 8.2, this is to be taken into account when assessing any claim for damages (§ 254 German Civil Code).

10.5 The above limitations also apply in favour of the Provider's legal representatives and vicarious agents.

11. Prohibited use

The User is prohibited from

• circumventing, removing or disabling the licence check,
• publishing the licence key or making it accessible to third parties, unless this constitutes a transfer under clause 5,
• removing or altering copyright notices or indications of origin,
• reproducing the Software beyond the scope granted under clause 3.

The User's powers under §§ 69d and 69e of the German Copyright Act, in particular to establish interoperability, remain unaffected.

11a. Consequences of breach

11a.1 Where the User materially breaches clause 11, or uses the Software without the commercial licence required under clause 2.2, the Provider may suspend the licence concerned and terminate this contract for cause.

11a.2 Before suspending or terminating, the Provider will request the User in text form to remedy the breach within a reasonable period of at least 14 days. No such period is required only where, weighing the interests of both sides, it cannot reasonably be expected of the Provider — in particular where the licence check has been circumvented or the licence key published.

11a.3 On the termination taking effect, the right of use under clause 3 lapses and the User must delete the Software or render it unusable. The User's rights in embroidery files already created remain unaffected (clause 4.1); they may continue to be used and exploited after termination.

11a.4 The Provider retains the purchase price in so far as the User is responsible for the termination. Further statutory claims of either side remain unaffected.

11a.5 Where a suspension rests on an error by the Provider, the licence is restored without undue delay.

12. Withdrawal and voluntary return

12.1 The purchase is handled by a distribution partner acting as the seller (currently Digistore24; on iPadOS, the App Store). The purchase contract is concluded with that partner, and its withdrawal and refund conditions apply.

12.2 Voluntary return guarantee. The guarantor is the Provider (address above). For the Software Beh.Stitched the following applies worldwide: if the User gives informal notice to info@behpunktdesign.de within 14 days of acquisition that they wish to return it, the Provider arranges the refund of the full purchase price through the distribution partner. No reason need be given. The guarantee may be claimed once per customer; it serves to let the Software be tried without risk, not to allow repeated free use. The customer is the natural person or the company that acquired the licence; several purchases through the same customer account with the distribution partner count as one customer. For purchases through the App Store, Apple handles the refund; the Provider assists the User with this.

12.3 Upon refund the licence expires; the Software may not be used thereafter. The embroidery files and other work results created up to that point are not affected (clause 4.1).

12.4 The User's statutory rights — in particular the right of withdrawal against the distribution partner and the rights in case of defects — exist independently of this guarantee, are free of charge for the User and are not restricted by it.

13. Data protection

The processing of personal data is described in the privacy statement as amended from time to time.

The version of the Software supplied does not transmit designs or created embroidery files, and beyond that transmits no data other than the information required for the licence check and the free iPad-export allowance. This characteristic is part of the contract for the version supplied.

Should a future version depart from this — for instance through synchronisation between devices or voluntary error reports — this will be described in the privacy statement before that version is made available. The User is not obliged to switch to such a version; the version already supplied remains usable under clause 3.1.

14. Third-party trade marks

Trade marks and product names of other companies mentioned serve solely to describe the supported file formats and machines. There is no business connection with the trade mark holders; they have neither reviewed nor approved nor endorsed the Software.

14a. Export control and sanctions

The use, transfer and export of the Software is subject to the applicable export control and sanctions rules, in particular those of the European Union and the Federal Republic of Germany. The User must not use or pass on the Software contrary to those rules, in particular not to persons, entities or territories subject to relevant embargoes or restrictions. The Provider is not obliged to grant or maintain a licence where such rules stand in the way.

15. Final provisions

15.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Where the User is a consumer, mandatory consumer protection provisions of the state in which the User has their habitual residence remain unaffected.

15.2 Where the User is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the Provider's registered seat.

15.3 Should any provision of this contract be or become invalid, the validity of the remaining provisions remains unaffected.

15.4 The language of the contract is German. Versions of these licence terms in other languages serve comprehension only. In the event of any discrepancy or question of interpretation, the German version alone is authoritative.

Version: October 2026