Artspira Terms of Service

Artspira is an all-in-one cloud-based design service that provides various functions and content that support users’ craft activities when used with Brother Machine connected through wireless network. Artspira Terms of Service stipulates the terms and conditions for use of Artspira by users (including Free Use and Free Trial). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE REGISTERING. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE ARTSPIRA.

Section 1: Information about us and definitions

Article 1 (Who We Are)

Artspira is provided and operated by Brother Industries, Ltd.

Brother Industries, Ltd.
15-1 Naeshiro-cho, Mizuho-ku, Nagoya, Aichi Prefecture, Japan

https://www.brother-usa.com/home/sewing-embroidery/artspira#contact (US)
ukcustomersupport@brothersewing.eu (UK)
artspirasupport@brothersewing.eu (Europe except UK)

Article 2 (Definitions)

The terms used in these Terms of Service shall have the meanings set forth below.

“Account” means the account for the Service that you create through a registration process for the purpose of accessing or using the Services.
“Agreement” means any and all contracts for the use of the Service, which is concluded between you and the Company by agreeing to the Company Terms.
“Brother Content” means all content provided by the Company through Artspira.
“Brother Machine” means sewing machines, embroidery machines, cutting machines and printers manufactured by or for the Company available for use with the Service.
“Company”, “we”, “our”, or “us” means Brother Industries, Ltd.
“Company Terms” means any and all terms and conditions set out in the Artspira Terms of Service, Guidelines, together with policies or usage cautions provided by the Company from time to time.
“Content” refers collectively to Brother Content and User Content.
“Cooling-off Period” means the period that you can withdraw from the Paid Subscription Agreement for any reason.
“Craft-related Functions” means, functions that assist you in engaging in embroidery, cutting work, and other craft activities using Brother Machine connected to Artspira, including illustration creation and data conversion functions.
“Free Trial” means the limited trial usage of the fee-based portions of the Service during specific period without actual payment of fee.
“Free Use“ means the limited usage of the Service without Paid Subscription.
“Guidelines” means any guidelines, standards, policies, rules, regulations, or user agreements provided by the Company which we publish at https://s.brother/snjguidelines.
“Paid Subscription” means a monthly or annual subscription for use of the fee-based portions of the Services.
“Paid Subscription Agreement” means a subscription service agreement for the Service between you and the Company, which is concluded when you sign up for Paid Subscription.
“Paid Subscription Fee” means the fee that you pay to the Company as compensation for use of the Paid Subscription.
“Paid Subscription Use” means the usage of the Service with Paid Subscription (including Free Trial).
“Payment Platform” means the payment platform registered on your device that you use to pay for your Paid Subscription Fee, such as app store.
“Service” means all features, functions, applications, server, content, and downloads offered by the Company through Artspira.
“Terms” means, collectively and individually as the context requires, any and all terms and conditions set out in the Company Terms, terms and conditions defined and provided by applicable third party services (if any), and any other terms and conditions that may separately apply when using the Service.
“User” or “you” means any ordinary consumer who uses the Service and accepts and agrees to be bound and abide by the Terms.
“User Content” means any data, content, image and photograph that you have posted, share on the Service, and/or uploaded to, acquired through this Service, or that you have created, edited, or processed within this Service (including edited or processed content acquired through this Service).
“User Gallery” means the album in the Service where you can post and share your User Content, browse and respond to User Content that is shared by other Users and follow other Users of your choice.

Article 3 (Scope of application and modification of the Company Terms)

These Company Terms shall apply to all legal relationships arising from the use of the Service. On the condition that you agree to comply with the provisions of this Agreement, the Company shall allow you to use the Service, and this Agreement shall be established between you and the Company. You must be over the age of 18 and have the legal capacity to enter into contracts. If you are under the age of 18, you may not access and use the Service.
The Company reserves the right to change the content of Company Terms as necessary. If the Company changes the Company Terms, we shall notify you in advance. If you agree to the modified Company Terms, or if you continue to use the Service after the effective date of the modification, you shall be deemed to be bound by the modified Company Terms. If you do not agree with the modified Company Terms, you have the right to withdraw from the Agreement before the changes take effect.
The terms provided separately by the Company shall apply to the use of the Brother Machine with the Service (if any).

Section 2: About the Service

Article 4 (Service)

The Service includes User Content storage, User Gallery and Craft-related Functions, to further enhance your craft activities, and other functions and contents to make your craft activities more efficient and effective. The Service consists of functions and contents that can be used under Free Use, and functions and contents that can only be used under Paid Subscription Use. The amount of User Content that may be stored within the Service and Brother Content that are made available to you within the Service differs between the Free Use and the Paid Subscription Use of the Service.
You shall use these functions and contents in compliance with the Terms. If you use the functions and contents, you will be deemed to have agreed to the Terms.
The functions and Brother Content of this Service (including the user interface) may change over time, for example to improve the Service, to provide new offerings or to introduce or remove content form third party licensors. If User Content includes Brother Content that has been removed or has changed, you may not be able to access such User Content without notice from Company.
The Company will provide you with reasonable prior notification in the event that the modification of the Service may result in a deterioration in quality of the Service.
You shall be solely responsible for ensuring that your Brother Machine in your possession can be used with the Service (including, but not limited to updates of any software installed or incorporated within such Brother Machine).

Section 3: Account Registration

Article 5 (Account registration)

In order to use the Services, you must register an Account. You may create only one Account. The Service can be used in connection with your Brother Machine by registering your Brother Machine ID for the Account.
When creating an Account for the Service, you must provide accurate and complete information. The Company handles your information in accordance with Article 36. No one under the age of 18 may create an Account.
You must maintain true, accurate and complete information, and revise the same to keep such information up-to-date at all times. The Company shall not be liable to you for any damages or losses incurred by you in case you fail to do so.
The Company may refuse to permit you to register an Account, or revoke your user qualifications without prior notice if any of the following conditions apply:
1. the Account applicant does not actually exist;
2. the Account applicant already possesses an Account;
3. false information is submitted during account registration, in whole or in part;
4. the Account applicant is found to have had their account suspended previously or removed due to breach of the Company Terms;
5. the Account registration information is the same as all or part of the registration information of another user; or
6. your usage of the Service does not otherwise comply with the Terms.

Article 6 (Password)

You shall be responsible for maintaining the security and restricting access to the Account ID and password that you set for use with the Service. You shall not lend, sell, assign, or make available your account ID and password to any third party.
In case you suffer damages due to an inadequate management of your Account ID or password, inappropriate use, or use by a third party, you shall bear responsibility for such damages. The Company shall not be held liable for such damages in any way.
You agree that you are fully responsible for all activity occurring under your Account ID. Any activities performed under your Account ID and password registered on the Account shall be deemed to have been performed by you.
If you become aware of any unauthorized use of your Account or any security breach of your Account, or the risk of such unauthorized use or security breach, you must immediately notify us. Subject to the provisions under Articles 33 and 34, the Company shall not be responsible for and shall not compensate for any loss or damage caused by unauthorized use of your Account ID or password.

Section 4: Paid Subscription

Article 7 (Paid Subscription)

You may register for an Account for free. Some features of the Service are provided free of charge, but there are other features and content that require payment before access and are made available only under a Paid Subscription.
You must make a separate application in order to sign up for the Paid Subscription. A Paid Subscription Agreement for the Service shall be established between you and the Company when you complete the application for the Paid Subscription.
Paid Subscription is offered on a monthly or annual basis as chosen by you during purchase of your subscription. You shall pay the Paid Subscription Fee through the Payment Platform. In the event of any conflict between the Payment Platform’s terms of use and the Company Terms, the Payment Platform's terms of use regarding payments shall prevail.
Paid Subscription is only available in certain countries and or regions. To learn more about Artspira availability, please see here.

Article 8 (Paid Subscription Fee and payment method)

Paid Subscription Fees can be found on purchase page in the Service. All Subscription Fee is generally inclusive of VAT.
The payment for Paid Subscription Fee shall be made in accordance with the payment method of the Payment Platform that you have registered on your device for which you use the Service. You shall be responsible for the registration of your preferred payment method and payment procedures.
The Company reserves the right to change the Paid Subscription Fee at any time in our sole discretion; provided, however, that we shall notify you in advance of any changes to the Paid Subscription Fee by providing reasonable notice, and the revised Paid Subscription Fee shall apply at the start of the next subscription term following the date of the price change. If you do not agree to the revised Paid Subscription Fee, you have the right to terminate the Paid Subscription Agreement before the revision takes effect.
The Company reserves the right to suspend your Account where we do not receive your Paid Subscription Fee by the due date. In case we do not receive your Paid Subscription Fee within the time period separately specified by us after suspension of your Account, the Company may discontinue or terminate the Paid Subscription Agreement for your Account with prior notice.

Article 9 (Changes to the subscription plan)

You may change the subscription plan that you are registered for. If you wish to switch from a monthly subscription plan to an annual subscription plan, or the other way around, the change to your subscription plan shall become effective at the end of the then-current subscription term.

Article 10 (Cooling-off Period of Paid Subscription)

You have the statutory right to change your mind and withdraw from the Paid Subscription Agreement for any reason during Cooling-off Period. The Cooling-off Period is 14 days from the date you enter into the Paid Subscription Agreement (excluding the Free Trial period defined under Article 12 below). If you accidentally sign up to the Paid Subscription, or if you change your mind after signing up, please withdraw from your Paid Subscription Agreement during the Cooling-off Period.
If you withdraw from your Paid Subscription Agreement during the Cooling-off Period, you may request a refund of the full amount of the Paid Subscription Fee paid by you to the Payment Platform. If you fail to receive the refund from the Payment Platform, please contact the Company.
To exercise your right of withdrawal, you must immediately terminate your Paid Subscription by yourself from your device setting and request a refund to the Payment Platform that you used, or inform the Company of your intention to withdraw. You may find the model withdrawal form below, although using this form is not mandatory.
- Model Withdrawal Form
- (Please complete and send to the Company only if you wish to withdraw from your Paid Subscription Agreement.)
- To: Brother Industries, Ltd.
  Personal & Home Business Div. Attn: Artspira
  15-1 Naeshiro-cho, Mizuho-ku, Nagoya, 467-8561, Japan
- I hereby give notice that I withdraw from my contract for the provision of the following service: [identify your purchase, e.g. by stating your Artspira Account name or email to which the Artspira Account is registered]
- Ordered Date:
- Your Name;
- Your Address;
- Today’s Date:
- Your Signature: (only if this form is notified on paper)
You acknowledge that refund shall not include the Paid Subscription Fee incurred during the previous Paid Subscription term, unless otherwise stipulated by law in the country in which you reside. You also acknowledge that refund may not be made using the same means of payment used for payment of Paid Subscription Fee. Refund for such payments may be facilitated by the Company via another common payment method. In any case, you will not incur any fees as a result of such refund.

Article 11 (Term of Paid Subscription and termination by User)

Monthly Paid Subscription Agreement shall be automatically renewed for one (1) month, unless you terminate your Paid Subscription or change the term of the Paid Subscription before the end of the then-current Paid Subscription term, and the same shall apply thereafter.
Annually Paid Subscription Agreement shall not be automatically renewed. If you continue your Paid Subscription after the current Paid Subscription term, you shall resubscribe to the Paid Subscription Agreement before the end of the then-current Paid Subscription term.
If you do not wish to renew the monthly Paid Subscription, you must terminate the Paid Subscription before the end of the current Paid Subscription term. After the end of the Free Trial period (described in Article12), you understand and accept that you will be charged for the Service and you will not be entitled to a refund upon terminating the Paid Subscription. In case you terminate the Paid Subscription Agreement during the Paid Subscription term, the termination shall become effective after the last day of the current Paid Subscription term. Notwithstanding the foregoing, however, these terms will not limit any statutory rights that you may be entitled to under the mandatory laws of your country of residence.
Except as otherwise provided in the Company Terms, functions provided free of charge within the Service shall remain available to you.
Except as otherwise provided in the Company Terms, any or all of the Paid Subscription Fees shall be non-refundable even if you terminate the Paid Subscription Agreement before the expiration of the Paid Subscription term. Notwithstanding the foregoing, however, these terms will not limit any statutory rights that you may be entitled to under the mandatory laws of your country of residence.

Article 12 (Free Trial period)

The Company may offer Free Trial for a specified period of time. During the Free Trial period, you may use the paid functions and paid contents of this Service without charge. During the Free Trial period, you can terminate your subscription for the Free Trial at any time without charge.
After the Free Trial period, your Account will be automatically converted to a Paid Subscription and you will be charged on a monthly or annual basis in accordance with the Company Terms.
Free Trial is available only once per User. If you terminate your Paid Subscription and resubscribe, or change to another Paid Subscription plan, you will have used up your Free Trial during the first Paid Subscription, and you will not be eligible for another Free Trial.
The Company solely reserves the right to amend the terms for the Free Trial and approval of a Free Trial is at the Company’s sole discretion.

Section 5: Ownership of rights and Updates of the Service

Article 13 (Ownership)

Unless otherwise stated in Article 17, all right, title and interest in and to the Service are owned by the Company or its licensors.
The Service is licensed but not sold.

Article 14 (Grant of License)

The Company grants you a non-exclusive license to use the Service on your devices such as smartphones and tablet format devices, to the extent necessary for intended use of Brother Machines for which such Service will be used.
Unless explicitly marked as non-commercial use or unless expressly stated restrictions on use within the Service and/or the Company Terms, you may use the Service and any derivative works created by the Service and with Brother Machine for personal or for commercial purpose in compliance with the provisions of Articles 16, 17,18, 22 and 23 as long as you comply with the Terms and applicable laws.

Article 15 (Updates)

The Company reserves the right, at its sole discretion, to add or remove features or functions to or from the Service, or to provide programming fixes, enhancements, updates and upgrades to the Service (collectively, “Updates”). Where such Updates are part of the Paid Subscription and are material or to your detriment, the Company will notify you in advance and you will have the right to terminate your Paid Subscription Agreement before the Updates take effect.
You agree that the Company has no obligation to provide you with Updates, or make available to you any subsequent versions of the Service, as long as the Service is provided in conformance with the Company Terms.
You agree that certain Updates may require you to agree to additional terms in order for you to access and use those Updates.
In case that you do not install the Updates in a timely and appropriate manner, not only may the Service be unavailable to you in whole or in part, but you may also be exposed to security threats which may cause losses or damages to your property. If you do not install the Updates, you will lose your right to claim non-conformity based on grounds that no Updates were provided to you. The Company shall not be responsible for any losses or damages caused by your failure to install such Updates.

Section 6: Contents of the Service

Article 16 (Brother Content)

All Brother Content on the Service is protected by copyright and other intellectual property rights (collectively, “Intellectual Property Rights”) owned by the Company and/or its licensor. Some of Brother Content on the Service may be marked with copyright notice.
You may use and edit Brother Content for the sole purpose of creating hand-made craftwork items using Brother Machine. Notwithstanding the above, you may not edit some of Brother Content which the Company chooses to specify for any purpose. The edit function of such Content will not appear or will not be available on the Service.
You may create, hold, assign, sell, rent, lease, distribute or otherwise transfer for a profit hand-made craftwork items using Brother Content with Brother Machine; provided, however, that you are prohibited from creating, holding, assigning, selling, renting, leasing, distributing or otherwise transferring for a profit hand-made craftwork items using Brother Content which is designated as non-commercial use only or having similar legend in the Service.
With respect to all Brother Content, you hereby agree:
1. not to use or edit Brother Content other than as provided in Article 16(b) and (c);
2. not to use Brother Content in a way which is or in manner that could be considered unlawful, defamatory, obscene, indecent, offensive or threatening or which infringes the Intellectual Property Rights (including trademarks) of any third party;
3. not to use Brother Content with deceptive advertising, with display for third party's merchandise or sales to cause confusion or for imitation merchandise of third party;
4. not to remove copyright notice in Brother Content;
5. not to use Brother Content with false representation, expressly or by way of reasonable implication, that any Brother Content were created by you or a person other than the copyright holder(s) of that Brother Content;
6. not to use Brother Content as or in connection with trademarks, service mark, logo or otherwise merchantability shape of you or third party;
7. not to use Brother Content to cause confusion in connection with copyright notice of you or identical or similar copyright notice of third party; and
8. not to upload, send, distribute, post or otherwise transfer any images that substantially consists of Brother Content itself or edited Brother Content only to outside the Service.

Article 17 (User Content)

Intellectual Property Right of User Content shall be the original authors for the original parts including the Company and its licensors, as the case may be and by the modifiers for the parts modified.
User Content is stored on the cloud server of the Service, the Company shall be able to place such User Content in any location and form within the cloud server.
You represent and warrant that you are the owner or licensee of any User Content you publish, upload, or otherwise distribute in connection with the Service. Furthermore, by publishing, uploading or otherwise distributing any User Content, you also represent and warrant that the User Content does not infringe or violate any third-party right, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. You indemnify, hold harmless and defend the Company and the Company’s group for any and all damages or expenses incurred by the Company and the Company’s group as a result of any false representation, except for cases caused by the Company’s or the Company’s group’s fault.
You may use and edit User Content (except for non-editable Brother Content) for the sole purpose of creating hand-made craftwork items using Brother Machine. You may assign, sell, rent, lease, distribute or otherwise transfer for a profit hand-made craftwork items using User Content with Brother Machine at your own risk. Notwithstanding the foregoing, however, in case the User Content is based on or contains Brother Content that is designated as non-commercial use only or having similar legend, you may not create, hold, assign, sell, rent, lease, distribute or otherwise transfer for a profit hand-made craftwork items using such User Content.
You shall not post any images that substantially consist of Brother Content itself or edited Brother Content only to the Service or outside the Service as User Content.
By your posting User Content on the Service, you hereby agree to grant the Company and the Company’s group a perpetual, irrevocable, worldwide, royalty-free, non-exclusive right to copy and publish the User Content for the purpose of operating, promoting, and improving the Service.
You hereby agree that the Company may, for the purpose of providing and enhancing the Service (including the system maintenance and the development of new functions/services), host, cache, record, copy, display, transmit, upload, transfer, download and store User Content or collect your usage data of the Service (which cannot be used to identify you) for the statistical analysis.
In case that the Company uses User Content or your usage data on the Service provided in Article 17(f) and (g), the Company may omit some of information contained in such User Content or your usage data.
You hereby agree not to exercise moral rights with regard to such use of User Content by the Company and/or the Company’s group.
The Company reserves the right to remove any User Content without notice if we receive notice that, or if in our opinion, such User Content does not comply with any of provisions of the Company Terms, including but not limited to Article 17(d) and Article 27 below or where we are permitted or required to do so by law.
In order to comply with any applicable law, regulation, legal process or governmental request, the Company also has the right to disclose your identity to any third party, law enforcement agencies, or any other government authorities in case any third party claims that any of User Content is unlawful, untrue or defamatory, or constitutes a violation of their Intellectual Property Rights, right to privacy or any other rights, or is in breach of any legal duty owned to that third party.

Article 18 (Craft-related Functions included AI)

The Services may include Craft-related Functions that include artificial intelligence (“AI"). If the Company uses AI, the Company will notify you by displaying on-screen that AI is being used.
If you use the Craft-related Functions described above, you will be deemed to have agreed that the images or photographs that you upload to the Craft-related Functions will be used to improve Craft-related Functions that include AI.
The Company does not guarantee that you will be able to obtain deliverables that you anticipated by using functions that include AI, and to the fullest extent permitted by applicable law, we disclaim all liabilities arising from or in connection with your use of Craft-related Functions that include AI.

Article 19 (User Gallery)

After registration of the Service, you can create your User Gallery. In order to activate your User Gallery, you need to complete your profile in it. You acknowledged that your name on your profile will be published to other Users.
You agree to use User Gallery (including post and share User Content, browse User Content shared by other Users, follow other Users and respond to User Content shared by other Users, the same shall apply hereinafter in this Article) subject to the Company Terms. When you complete your profile in User Gallery, you shall be deemed to have agreed to use User Gallery subject to the Company Terms.
You can post your User Content on User Gallery; provided, however that such User Content will be shared with other Users only if you select to share it in the User Gallery. If you do not select to share, User Content which you post will be stored in your private album. Once after you select to share it with other Users in the User Gallery, you can change your decision in your Account anytime.
User Gallery is only available in certain countries and or regions. To learn more about availability of this feature, please see here (https://support.brother.com/g/s/hf/mobileapp_info/artspira/gallery/index.html).
When you use User Gallery, you agree
1. not to copy, and post, share, distribute or other secondary use of all or part of any User Content shared on the User Gallery by any other Users, whether on the Service or otherwise; and
2. not to post and share any images that substantially consist of Brother Content itself or edited Brother Content only to User Gallery.
When you post or share your User Content in your User Gallery, you hereby grant to the Company and Company’s group a non-exclusive, royalty-free, transferable, sub-licensable, perpetual, irrevocable, worldwide license to host, use, distribute, modify, copy, display, translate, and create derivative works (such as create introductory materials and other related documents for the Service) of User Content for the purpose of operating, promoting and improving the Service. You also agree not to exercise your moral right against the Company and the Company’s group when the Company and the Company’s group exercise license granted by you.
Furthermore, you give the Company and the Company’s group permission to use your profile, actions (such as tags and liked) and relationships (such as follows) in connection with User Gallery in order to suggest and provide new contents or features of the Service.

Article 20 (Content Moderation of User Gallery)

Taking Down of Violating Content
If the Company decides that User Content and profile which are published, posted and shared in User Gallery goes against the Article 27 of Artspira Terms of Service and paragraph 5 of Artspira Prohibited Activities Guidelines (hereinafter “Violating Content”), the Company will make such User Content private. The Company reserves the right to retain the User Content that has been made private on the User Gallery for the period provided by the national laws and regulations for the purposes of substantiating its decision in relation to User Content in case of potential disputes, including in the context of the internal complaint-handling system, out-of-court dispute settlement and judicial proceedings.
Detecting of Violating Content by the Company
The Company proactively detects Violating Content shared in User Gallery with AI review. In case that the Company detects Violating Content using AI technology, our decision shall be based on the results of the AI review. When the Company decides that the content shared in the User Gallery is a Violating Content, such content will be made private and you will be notified of such decision.
Detecting of Violating Content by Reports
If you find Violating Content, you may file a report of such violation through the Service. The Company generally notifies you about receipt and decision on your report.
Handling of Report
If the Company receives your report, the Company shall consider the content of the reports. If necessary, the Company may request additional information from you to supplement your report, and you agree to provide such information. In case that the Company decides the reported User Content is a Violating Content, such content shall be made private, and the Company shall notify our decision to the User who published, posted and shared the Violating Content.
Complaints Handling System
If you do not agree to our decision, you are able to request another review by applying for re-examination on the Service. The decision will be overturned if the Company concludes such application is appropriate as a result of re-examination. This re-examination will be reviewed by operator. The Company notifies you about a result of re-examination.
Counting Violations and Restriction of User Gallery functions
1. If you exceed the number of times specified by Company that you publish, post and share Violating Content, the Company will restrict functions of your User Gallery. When you are restricted of your functions of your User Gallery, you cannot publish, post and share your User Content, or follow and respond to other Users in your User Gallery. In case that the Company restricts functions of your User Gallery, the Company will inform you.
2. If you exceeded the number of times specified by Company that you fail your re-examination, the Company will restrict functions of your User Gallery. When you are restricted your functions of your User Gallery, you cannot post your User Content, or follow and respond to other Users in your User Gallery. In case that the Company restricts functions of your User Gallery, the Company will inform you.

Article 21 Copyright Infringement Procedures under DMCA (for Service in United States only)

Notification of Claimed Infringement:
If you are a copyright owner or an agent thereof and believe that your copyright has been infringed upon within the Service, you may provide a written notification to our designated agent pursuant to the Digital Millennium Copyright Act ("DMCA") (Please see 17 U.S.C §512(c)(3) for details).
The notification must include the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number, and email address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner. If necessary, the Company may request additional information from you to supplement your notification, and you agree to provide such information.
If Company believes, at its discretion, that the notification is sufficient, it may remove or disable access to the claimed material. In such case, Company takes reasonable steps promptly to notify the person who posted the claimed material informing that Company has removed or disabled access to the material.
Counter-Notification:
If you believe that the material that was removed or to which access was disabled is not infringing, or if you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, you may send a counter-notification containing the following information to our designated agent:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- Your name, address, telephone number, and email address;
- A statement that you consent to the jurisdiction of the federal court in New Jersey, USA; and
- A statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our designated agent, Company may send a copy of the counter-notice to the copyright owner or the agent thereof who provided the written notification of claimed infringement informing that person that Company may replace the removed materials or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the the person who posted the claimed material, the removed material may be replaced, or access to it may be restored, in ten (10) to fourteen (14) business days.
Designated Agent:
All notifications and counter notifications must be sent to our designated agent below. Please include all required information listed above in your notification or counter notification.

Attn: Brother International Corporation
- Legal Dept. - Copyright Agent
Address: 200 Crossing Blvd, Bridgewater, NJ 08807 U.S.A
Phone: 908-252-3221
E-mail: artspira.legal@brother.com

Please note that designated agent only accept the notices under DMCA. For other requests, comments, communications, feedback, etc., please use other appropriate contact points of Company.
Repeat Infringers Policy:
In accordance with Section 512 of the DMCA, it is Company's policy to terminate the account of repeat copyright infringers in appropriate circumstances.
Objection to Company Decision:
If Company decides that a notification of claimed infringement is not sufficiently valid, Company may decide not to take action to remove or disable access to the claimed material at our discretion.
If the copyright owner or the copyright owner’s agent who submitted the notification of claimed do not agree to our decision, they have the right to request another review by applying for re-examination. Company may conduct a reasonable re-examination of the notification of the infringement claims in response to such objection, but Company shall have no obligation to overturn our decision.

Article 22 (Prohibited conduct concerning User Content)

You agree to not publish, upload, or otherwise distribute any User Content that does not comply with the Terms or applicable law, and understand that you shall be solely responsible for the Content you upload, store and post to the Service.
When uploading or storing User Content, you shall not engage in any act that falls under the prohibited acts stipulated in Article 27.

Article 23 (Storage and deletion of User Content)

User Content is stored only within the Service.
Brother Content that can only be used under Paid Subscription as described in Article 7 and User Content that is based on the Brother Content that can only be used under the Paid Subscription may not be used after cancellation of the Paid Subscription. Following cancellation of the Paid Subscription, the number of User Content that may be stored within the Service may change.
You acknowledge that the Company shall not be responsible for creating back-up copies of User Content. The Company shall not be liable for any damages suffered by the User for loss of data, and the Company shall not be responsible for recovery of such lost data.
Even after you delete the User Content or you withdraw from the Service, the Company reserves the right to retain the User Content for a reasonable period of time for purposes of maintaining and providing the Service; provided, however, that the Company is not obligated to create back-ups of User Content, nor is it obligated to respond to requests to provide you with back-up data.

Article 24 (No Liability for Content)

The Company shall not be obligated to monitor, screen, verify or endorse any User Content.
To the fullest extent permitted by applicable law, the Company shall not be responsible for any User Content that you create, use, edit, store, or upload, and the Company shall not be responsible for managing or controlling User Content (including illegal or inappropriate Content) and the actions of the Users using User Content.
The Company does not guarantee that you will be able to obtain the images that you anticipated using the Craft-related Functions, and to the fullest extent permitted by applicable law, we disclaim all liabilities arising from or in connection with your use of the Craft-related Functions.
To the fullest extent permitted by applicable law, the Company shall not be responsible or liable for any loss, deletion, or corruption of any Content which may arise out of or in connection with your access to or use of the Service.

Section 7: User Obligations

Article 25 (Use of the Service and equipment)

When you use the Service, you must comply with the Terms and all applicable laws, rules, and regulations, and respect third party Intellectual Property Rights, the right to privacy, and any other rights.
You shall, at your own responsibility and expense, procure and install communications equipment, software, and all other equipment necessary for using the Service, and bear any and all expenses related to the use of this Service (including, but not limited to, communication charges and internet connection charges).

Article 26 (Feedback and our contact information)

If you provide us with ideas, suggestions, or other feedback regarding the use of the Service or the Content, you grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use such feedback without compensating you for such use.
If you have any inquiries about the Service or the Company Terms, please contact us at the following address:
- https://www.brother-usa.com/home/sewing-embroidery/artspira#contact (US)
- ukcustomersupport@brothersewing.eu (UK)
- artspirasupport@brothersewing.eu (Europe except UK)

Article 27 (Prohibited conduct)

In order to use the Service, you must not engage in the conduct (including uploading, or storing User Content that meet the conditions below) set forth in the following items:

Registration of information that is or is likely to be fraudulent, false, or misleading information to create your Account;
Use bots or other automated methods to access the Service, add or download contacts, send or redirect messages;
Criminal conduct or conduct that is linked to or likely to be linked to criminal behavior;
Distribute or transmit any viruses, worms, Trojan horses or any other technologically harmful data, programs or software through, via or using the Service;
Conduct that infringes or is likely to infringe applicable laws and regulations, public order, or social ethics;
Conduct that infringes or is likely to infringe intellectual property rights such as copyrights and trademarks of other users or other third parties;
Conduct that infringes or is likely to infringe portrait rights, publicity rights, or moral rights;
Conduct that infringes or is likely to infringe the right to privacy;
Conduct that interferes or is likely to interfere with the operation of, or conduct that damages or is likely to damage the credibility of the Service;
Conduct that causes or is likely to cause disadvantage or damage to the Company, other users, or any other third parties;
Conduct that defames, slanders, or libels any individual or group;
Conduct of analyzing, modifying, copying (except where explicitly permitted), lending, assigning or sublicensing, reverse engineering, decompiling, disassembling, or hacking the Service or any conduct that is likely to be regarded as such;
Conduct of uploading, storing, or posting Content that you do not have the necessary rights, consents, and permissions to do so;
Conduct of uploading, storing, or posting Content that is made in breach of any legal duty owed to a third party, such as contractual duty or a duty of confidence;
Conduct of uploading, storing, or posting Content that is, or is likely to be terrorist-related, content related to child abuse, defamatory, obscene, indecent, offensive or threatening or any other harmful material; and
Conduct of lending, selling, assigning, or making available your Account ID and password to any third party.

Section 8: Suspension and termination of the Service

Article 28 (Temporary Suspension of Service)

The Company may temporarily suspend the provision of the Service after notifying you in advance where it is necessary to perform regular maintenance or fix defects in the Service.
Notwithstanding the provisions of Article 28(a) above, in the following cases, the Company may temporarily suspend the provision of the Service without prior notice to you;
1. Where maintenance of servers or repair of system malfunctions is necessary under emergency circumstances;
2. Where the Service cannot be provided due to force majeure such as acts of God or nature, war, civil commotion, fire, earthquake, lightning, flood or storm, power blackout, failure or delay by third party services such as internet service providers, or other causes beyond our reasonable control; or
3. Where the Company determines that it is urgently necessary to temporarily suspend this Service due to operational or technical causes.
The Company may delay or suspend the provision of the Service due to any of the items in the above Article 28(b) or any other reasons. To the fullest extent permitted by applicable law, the Company shall not be liable for any losses or damages that you suffer as a result of such suspension.

Article 29 (Termination of the Service by Company)

The Company reserves the right to terminate the Service at our convenience by providing you with a reasonable prior notice.

Article 30 (Termination of the Service by User)

You may terminate your use of the Service and/or delete your Account at any time at your discretion by following the procedure set forth by the Company. In the event you wish to terminate the Paid Subscription, you must not only complete the Account withdrawal procedure set forth by the Company, but also complete the termination procedures for the Paid Subscription separately as set forth within the Service. You acknowledge that simply uninstalling the Service from your device does not constitute termination of the Service; you must delete your Account and terminate your Paid Subscription in order to terminate your use of the Service.
If you terminate the use of the Service,
1. all the data in your Account such as your e-mail address, your Account ID, the country you live in, your browsing history and your favorites will be deleted;
2. all the Content in your Account (including Brother Content, Brother’s Licensor Content, Brother Content edited by you, and User Content) will be deleted; and
3. the data and Content in your deleted Account will not be restored even if you re-create your Account.

Article 31 (Suspension of User Account)

To the fullest extent permitted by applicable law, where the Company determines or suspects that the following reasons exist or are likely to exist, the Company reserves the right to suspend the use of the User Account without prior notice to you.
1. In cases where the Account ID and/or password are used illegally or in an unauthorized or improper manner;
2. In cases where there is unauthorized use of functions and Content of the Service;
3. In cases where there is prohibited conduct described in Article 27 above;
4. In cases where you create risk or legal exposure for us;
5. In cases where we are permitted or required to do so by law; or
6. In cases where there is violation of the Terms.
If the Company suspends your Account based on Article 31(a) above, you may file an objection to the Company by a reasonable deadline separately notified by the Company. If, as a result of receiving the objection, the Company determines that the reasons described under Article 31(a) above does not exist, the suspension of use of the Account will be lifted without delay. Following the end of such reasonable period, or where the objection turns out to be unfounded, the Company reserves the right to delete your Account and Content.
The Company will retain the User Account and/or Content you upload, store, or post using the Service as long as your User Account is active. If you do not use the User Account for one year, we reserve the right to delete your information, including, but not limited to, your personal information and your Content.

Section 9: Responsibilities

Article 32 (Links to third party sites or services)

The Service may contain links to third party sites or services that are not managed or operated by us. The Company is not responsible for the information and content on such third party sites or services, and your use and access to such links shall be at your own risk.

Article 33 (Disclaimer of warranties)

To the fullest extent permitted by applicable law, THE SERVICE AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY THE PAYMENT PLATFORM) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE SERVICE MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. To the fullest extent permitted by applicable law, THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS, INCLUDING WITHOUT LIMITATION, THAT THE SERVICE WILL BE SAFE AND ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED, THAT THE USE OF THE SERVICE WILL NOT RESULT IN LOSS OF DATA, THAT THE USE OF THE SERVICE DOES NOT INFRINGE RIGHTS OF THIRD PARTY.
You must use the Service at your own responsibility and be solely responsible for all actions related to the use of the Service and the consequences for such use.
Notwithstanding the foregoing, if you reside in the EEA (including Switzerland) or any jurisdiction which does not allow such limitations, nothing herein shall exclude or limit our liability for (a) death or personal injury and damages caused by our gross negligence or willful conduct, (b) fraud or fraudulent misrepresentation, and (c) any other matter in respect of which we are not permitted to exclude or limit our liability under applicable law.

Article 34 (Limitations of liability)

The Company’s liability in connection with your use of the Service shall be limited to the extent permitted by law. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THE TERMS INCURRED BY YOU, END USERS, OR OTHER ENTITIES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, THE COMPANY’S TOTAL AGGREGATE LIABILITY SHALL BE LIMITED TO 12.99 US DOLLARS.
Notwithstanding the foregoing, if you reside in the EEA (including Switzerland) or any jurisdiction which does not allow such limitations, nothing herein shall exclude or limit our liability for causing damage to you. In this case, the Company’s liability is limited to foreseeable damages resulting from a material breach of our obligations under the Terms, and we shall not be liable for damages resulting from a non-material breach.
The limitations in this Article do not apply to our liability that cannot be limited by law, or liability for death or personal injury and damages resulting from our gross negligence or willful misconduct.

Article 35 (Compensation by Users)

With regard to any damage incurred to the Company, the Company’s group companies, the Company’s licensor, or any other third party due to your use of the Service, you shall compensate for such damages on your own responsibility and expense (including reasonable attorney fees).

Section 10: Miscellaneous

Article 36 (Handling of personal data)

Your personal information shall only be used in the manner described in the privacy policy separately set forth by the Company.

Article 37 (Assignment)

The Company reserves the right to assign our rights and obligations under the Company Terms at any time at our discretion by providing you with prior notice.

Article 38 (Entire agreement and severability)

The Company Terms, together with all notifications from the Company, constitute an entire agreement between you and the Company on the subject hereof, and supersedes all proposals, oral and written, between you and the Company on this subject.
If any of the provisions of the Company Terms are declared illegal or unenforceable in whole or in part, such provisions shall be severable and independent from other provisions of the Company Terms, and the validity of other provisions and of the entire Company Terms shall not be affected.

Article 39 (Waiver of rights)

No delay or omission by the Company in exercising any right or remedy under the Company Terms will operate as a waiver of that or any other right.

Article 40 (Export regulations)

You may not export or re-export the Service or any copy or adaptation thereof in violation of any laws or regulations.

Article 41 (Third party rights)

The provisions of the Company Terms are intended to only have effect between the Company and you and are not intended to confer any benefit or right of enforcement upon any other person.

Article 42 (Governing Law)

The Company Terms are governed by and interpreted in accordance with the laws of Japan without regard to its conflict of law principles. Notwithstanding the foregoing, if you reside in the EEA (including Switzerland) or any jurisdiction which does not allow such restrictions, any protections available under the laws of your country or region of residence shall remain unaffected.

Article 43 (Dispute Resolution)

If you have any dispute with us, you agree that before taking any formal action, you will contact us at the address specified in Article 26(b) and provide a brief, written description of the dispute and your contact information (including your Account ID if your dispute relates to an Account). In the event that the dispute cannot be resolved between you and the Company, all claims, controversies, and differences of opinion arising out of or relating to the Company Terms and the use of the Service shall be referred to and finally resolved by arbitration in Tokyo, Japan, in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association (the “Rules”).
Notwithstanding the foregoing, you may be entitled to invoke the mandatory consumer protection laws of your country of residence, and/or to bring legal proceedings in the courts of that country.
Notwithstanding the above provision of a) and b), if you reside in the EEA (including Switzerland) or any jurisdiction which does not allow such restrictions, any protections available under the laws of your country or region of residence shall remain unaffected.
Furthermore, regardless of jurisdiction, if permitted by applicable law, each party waives the right to litigate in court or in an arbitration proceeding any dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general.

Last updated on 22 Jan, 2024

Notice regarding the wireless data transfer function

Please follow the procedure below If you use the wireless data transfer function and wish to dispose of Bother Machine, or transfer or resell it to a third party,

If you have connected Brother Machine to the Service;

Please change the status of app “Send Usage Information” to “OFF” on the setting screen of the Brother Machine.
Disconnect the connection between the app and the Brother Machine.
Please initialize the settings of Brother Machine by using the user information reset function.
If you have connected your printer to the Service, please change the status of app “Send Usage Information” to “OFF” on the setting screen of it.