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3.1 Before using the Services, Customer must submit its details to Wilcom to create a Subscriber Account. Customer must provide accurate and truthful details for the purposes of creation of an Account and purchasing a Subscription for the Application. Such details requested by Wilcom may include name or entity, nature of business, primary use case for the Application, Country and current embroidery software brand owned.
4.1 In order to use the Application, Customer must have created a valid Account, have Internet access, be able to access and use the Website and must have a valid Subscription for the relevant Billing Period.
5.4 Customer acknowledges and agrees that the Services under the Trial and Demo Plan may not be fully functional or contain all of the same functionality or features as the Application will have with a full paid Subscription. Trial and Demo Plans are provided for the purposes of demonstration and technical evaluation only and not for commercial use. To the extent permitted by Law, Wilcom does not offer any warranty or indemnity for the Application under the Trial & Demo Plan.
6.8 Any additional fees for supplementary services, additional support, consulting and other professional services will be agreed by Customer and Wilcom prior to being invoiced by Wilcom.
7.1 Wilcom will make the Application available to Customer via the secure section of the Website which will only be accessible with a valid Account and appropriate Subscription. A Trial and Demo Plan Subscription will not allow access to the full functionality of the Application.
8.1 Customers can only access the Application on the Website using their own Account and by signing in using their security information through the appropriate portal on the Website, to interact with the Application.
9.1 Wilcom grants to Customer a single non-concurrent, non-exclusive, non-transferable, and non-sublicensable (except as expressly permitted in this Agreement) licence to use Application subject to the restrictions set out in this Agreement and solely to interact with and use the Application.
10.1 Customer must not use or access (or facilitate or enable another to use or access) the Website or Application in any way not expressly permitted under this Agreement. For example, Customer must not, and must not facilitate or enable a third party to:
(e) use robots, spyders, scraping or other technology to access the Website or Application or databases to obtain any information beyond what Wilcom provides to the Customer under this Agreement;
12.1 Wilcom will use reasonable endeavours to provide limited technical support to Customer in relation to a problem or fault associated with its use of the Services by way of its online community support forum at This is the only support provided in respect of the Website and the Application and Wilcom makes no representation that the material available will be sufficient to resolve any particular Customer technical support issue.
12.2 Wilcom has no obligation to provide technical support to Customer for operational or performance issues or problems caused by Customer or third party software or hardware when using the Website of Application (Customer Error).
13.1 All right, title and interest and all Intellectual Property rights in and to the Background Intellectual Property of each respective party or a third party vests in and is the sole exclusive property of that party.
14.1 Each party may be given access to Confidential Information from the other party in order to perform its obligations under this Agreement. A party's Confidential Information is not deemed to include information that:
14.2 Each party will hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than under this Agreement.
14.3 Each party will take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees, contractors, or agents in violation of the terms of this Agreement.
15.1 Customer will not make, or permit any person to make, any public announcement concerning this Agreement without the prior written consent of Wilcom, except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.
16.1 To the extent that Wilcom is bound by Law, Wilcom will comply with Privacy Laws in relation to any Personal Information that Wilcom collects, uses or discloses under this Agreement.
16.4 Customer will ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection and privacy laws.
(b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that any part of the Website or Application may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
18.1 Wilcom may modify or discontinue, temporarily or permanently, any part of the Website or Application at any time (including due to maintenance and or upgrades it undertakes) and will endeavour to provide the Customer with as much notice as is reasonable in the circumstances. Customer agrees that Wilcom is not liable to the Customer or any third party for any modification, suspension or discontinuance of the any part of the Website or Application.
18.2 Customer acknowledges that the modifications in clause 19.1 may result in changes in the appearance or functionality of the Website or Application and may affect interaction with other products and services use the Customer and may require the Customer to make changes to those products or services to be compatible with the Website or Application.
19.1 Customer understands that the technical processing and transmission data as a result of using the Website and the Application, including Customer Data, may involve transmission over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices. Wilcom will use reasonable endeavours to ensure that the Website and Application are secure. However, Customer acknowledges that it is possible for any electronic data transfer to be intercepted or hacked by others and as such, Wilcom will not be liable for any breaches of security, including the interception or hacking of any data transmitted by the Customer using the Website or Application.
21.1 Customer acknowledges that Wilcom may use third parties to provide any part of the Website or Application, including access to the Website or Application through third party websites, software applications, or other interfacing technology (Third Party Technology).
21.2 Wilcom makes no representation or commitment and has no liability or obligation in relation to the content or use of, or correspondence with, any third party using Third Party Technology, or any transactions completed, and any agreement entered into by the Customer, with any third party provider. Any agreement entered into and any transaction completed using any Third Party Technology is between the Customer and the relevant third party, and not Wilcom.
23.1 Customer may terminate this Agreement at any time and such notice will be effective at the end of the then current Billing Period for the Customer Subscription. Customer will not be provided a refund for any unused portion of a Subscription at the time of termination but will be entitled to continue to use the Website and Application for the remainder of that Subscription Billing Period.
25.2 Termination of this Agreement for any reason will not relieve the Customer from its obligation to pay any outstanding Subscription fees or any other amount owing by the Customer to Wilcom including but not limited to any amount under an indemnity provided by Customer under this Agreement.
26.1 By entering this Agreement, Customer also agrees to be bound by the Website Terms and Conditions. If there is any inconsistency between the Website Terms and Conditions and the terms of this Agreement, the terms of this Agreement will take precedence to the extent of any inconsistency.
28.2 Wilcom is not liable for any loss or delay (including failure to meet any service levels, if applicable) resulting from a force majeure event, including, but not limited to, acts of God, fire, natural disaster, terrorism, labour stoppage, war or military hostilities, pandemic and criminal acts of third parties.
28.5 For the avoidance of doubt, the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement or the supply of the Website or Application by Wilcom.
28.8 A right created by this Agreement may only be waived in writing by the party giving the waiver, and the failure to exercise or any delay in exercising a right or remedy provided by this Agreement or by law does not waive the right or remedy.
28.10 If any clause or part of any clause in this Agreement is held by a court to be invalid or unenforceable, that clause or part of a clause is to be regarded as having been deleted from this Agreement, and this Agreement otherwise remains in full force and effect.
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