Terms of use
These terms (the “Terms”) govern access to and use of www.gooblen.ro and the embroidery chart generator made available through it (together, the “Service”). By using the Service you confirm that you have read, understood and agree to abide by these Terms. If you do not agree with them, in whole or in part, please do not use the Service.
1. Definitions
- “We”, “us”, “our” means the person who develops and operates www.gooblen.ro;
- “You”, “user”, “visitor” means any person accessing the Service;
- “Site” means the website at www.gooblen.ro;
- “Generator” means the chart creation feature, available at /creeaza;
- “Source image” means the file you upload to the Generator;
- “Chart” means the package of files generated from the Source image;
- “Content” means any text, graphics, code or other material shown on the Site.
2. About the Service
The Service turns an image into a counted embroidery chart, together with supporting materials (a simulation, a colour list, thread quantity calculations). It is provided free of charge and without user accounts. Nothing on the Site constitutes a binding contractual offer, a promise of results, or a guarantee that a given feature will be available at a given moment. Features, texts and any other details may be changed, suspended or withdrawn, in whole or in part, without prior notice.
3. Eligibility
By using the Service you declare that you have the legal capacity to enter into a binding agreement in your jurisdiction. The Service is not directed at children under 16. We reserve the right to refuse access to anyone, at any time and for any reasonable cause, including suspected abuse.
4. Images you upload
You are solely responsible for the Source image. By uploading it you represent and warrant that you have the right to use it for this purpose, whether because it is yours, because you have the rights holder's permission, or because it is rights-free. Do not upload images you do not have that right for.
Do not upload images that are illegal, that depict the abuse of minors, that infringe other people's rights or privacy, or that are intended to harass someone. Breaching this rule entitles us to block access to the Service without notice.
We claim no ownership of the Source image. We use it solely to generate the Chart you asked for, in accordance with the privacy policy, which forms part of these Terms.
5. Generated charts
The Chart generated for you is yours, for personal use. You may use, stitch, print and give it away, including where the finished piece you stitched is sold as an object, to the extent the rights in the Source image allow it. Note that the Service cannot grant you rights you do not already hold in the image you started from: if that image is protected by copyright, those restrictions continue to apply to the result.
The Chart itself, however, remains for your own use. You may not sell, license or redistribute it as such, include it in a cross-stitch kit or any other product offered for sale, or use the Service to produce patterns intended for commercial sale. Those uses require our written consent.
6. Thread brands
The Service matches the colours in your image against the published palettes of commercial thread brands, and those brand names are displayed for reference, so that you can buy the right thread. All brand and product names belong to their respective owners. We are not affiliated with, sponsored by or endorsed by those manufacturers, and we do not sell thread. The codes and colour values are useful approximations for practical work, not official reproductions of the palettes: the real colour of a thread, as it looks on fabric and in your room's light, may differ from what your screen shows.
7. The sample gallery
The patterns shown in the sample gallery may be downloaded and used free of charge, for personal use. They may not be resold, redistributed as your own product, or included in commercially sold kits, in any form.
8. Availability and retention
The generated files are kept for 14 days, and the simulation of the piece for 6 months, after which they are deleted automatically and the download link stops working. Download your files within that window and keep them locally: we hold no backups and cannot regenerate an expired job. The download link contains a hard-to-guess identifier, but anyone who obtains it can download the files, so we recommend you treat it as private.
9. Acceptable use
Generating a chart consumes real computing resources. When using the Service, you agree not to:
- breach applicable law or the rights of third parties;
- attempt to gain unauthorized access to the Service or the systems hosting it;
- bypass, disable or attempt to defeat the anti-bot check or any other protective measure;
- disrupt or overload the normal operation of the Service, including through automated requests in unusual volume;
- use the Service by automated means, as part of a service of your own, or for bulk generation, without our written consent;
- use the Service to produce charts intended for sale, including for commercially sold cross-stitch kits, without our written consent;
- systematically extract or reproduce the Site's Content for commercial purposes without our written consent.
So that you know what to expect, here is the limit actually applied today: at most five final charts in any 24 hours, counted against the internet address the request comes from. The previews generated at the colour step do not count towards it. There is also a rate limit, which stops requests sent in bursts. When a limit applies, you get a message telling you how long to wait.
The figure above reflects the server's capacity as at this version, and we may change it if that capacity changes. We also reserve the right to limit the size of jobs and the frequency of requests, and to suspend access immediately and without notice where the rules above are breached.
10. Intellectual property
The texts, graphics, design elements, logos and source code of the Site and the Service belong to us or are licensed to us, and are protected by copyright and other intellectual property law. Nothing in these Terms transfers any right in the Content to you, other than the rights in your Chart described in section 5.
11. Disclaimer of warranties
The Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including as to fitness for a particular purpose, uninterrupted or error-free operation, or the accuracy of results. In particular, we do not warrant that a chart will faithfully reproduce the image you started from, that estimates of thread quantity or finished size will exactly match your practical result, or that the threads indicated are commercially available. Check the estimates before buying materials.
12. Limitation of liability
To the maximum extent permitted by applicable law, we are not liable for any indirect, incidental, special or consequential damages, including loss of data, the cost of materials bought on the basis of the Service's estimates, or time invested in a piece, arising from the use of or inability to use the Service. Nothing in these Terms seeks to exclude liability where the law does not permit such exclusion.
13. Indemnity
You agree to indemnify us against any claim, loss, damage or expense arising from your breach of these Terms, in particular from uploading an image you did not hold the necessary rights in.
14. Third-party links
The Site may contain links to other sites or services. The inclusion of a link does not imply our endorsement of that content, and we are not responsible for the content or practices of those sites.
15. Changes to the Terms and the Service
We may change these Terms, as well as the features or availability of the Service, at any time, by publishing the updated version on this page with the last-updated date shown. Continuing to use the Service after changes are published constitutes acceptance of them.
16. Force majeure
We are not liable for any delay or failure to provide the Service caused by events beyond our reasonable control, including telecommunications or power outages, failures of hosting providers, cyberattacks or other events of force majeure.
17. Severability and waiver
If any provision of these Terms is held invalid or unenforceable by a competent court, the remaining provisions remain in full force. Our failure to exercise a right under these Terms does not constitute a waiver of that right.
18. Governing law and disputes
These Terms are governed by Romanian law. Any dispute shall first be subject to an attempt at amicable settlement; failing that, it shall fall within the jurisdiction of the courts of Romania, according to the applicable rules of competence.
19. Contact
For questions about these Terms, write to us at contact@gooblen.ro.