Terms of Service

By accessing or using patchIT ("the Service") in any manner, including browsing the website, using the free tool, or purchasing a subscription, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to every provision of these Terms, you must immediately stop using the Service.

If you are using the Service on behalf of a company or organization, you represent that you have full legal authority to bind that entity to these Terms, and "you" refers to that entity.

patchIT is a DMX-512A addressing and patching planning tool provided by DesignSpark LLC, a California limited liability company. The Service is provided as a web application and as native desktop applications for macOS and Windows.

You may use the Free check-off tool without an account. To access Pro or Team features, you must create an account with a valid email address. You are solely responsible for maintaining the confidentiality of your credentials and for all activity under your account. DesignSpark LLC is not responsible for any loss or damage arising from unauthorized access to your account, whether due to your negligence or otherwise.

All payments are processed exclusively by Paddle, who acts as Merchant of Record. DesignSpark LLC does not store, process, or have access to your payment card information. Any billing disputes, chargebacks, or payment errors are solely between you and Paddle. DesignSpark LLC bears no liability for any payment processing failures, unauthorized charges, or losses arising from your use of Paddle's services.

• Pro Monthly: $7.99/mo. Includes pause billing up to 1 month/year.
• Pro Annual: $75/yr. Includes pause billing up to 1 month/year.
• Pro Lifetime: $229 one-time. Permanent access to all current and future Pro features.
• Team Monthly: $12/seat/mo, minimum 3 seats.
• Team Annual: $89/seat/yr, minimum 3 seats.

You may cancel at any time via Settings › Account & Billing. No prorated refunds are issued for unused subscription time. Lifetime purchases are non-refundable after 14 days from the purchase date. DesignSpark LLC reserves the right to modify, suspend, or discontinue any plan or feature at any time without liability to you, subject only to the notice provisions in Section 16.

Pro monthly and annual subscribers may pause billing for up to 1 month per calendar year. Pause must be initiated at least 48 hours before the next renewal. DesignSpark LLC is not liable for any billing that occurs because a pause was not initiated in time.

You are solely responsible for your use of the Service and all content you create, upload, or transmit. You agree not to use the Service for any unlawful purpose, to reverse engineer the desktop application, to resell access without authorization, or to upload malicious content. DesignSpark LLC reserves the right to suspend or terminate access for any violation, at its sole discretion, without prior notice and without liability.

The Service, including all software, design, branding, and content created by DesignSpark LLC, is the exclusive property of DesignSpark LLC and is protected by applicable intellectual property laws. These Terms grant you no ownership rights in the Service. Any unauthorized use, reproduction, or distribution is strictly prohibited and may result in immediate termination of access without refund.

You retain ownership of all fixture library data, project files, and DMX configurations you create. You grant DesignSpark LLC a limited license to store and process your data solely to provide the Service. DesignSpark LLC is not responsible for any loss, corruption, or unauthorized access to your data, whether resulting from technical failures, third-party breaches, your own actions, or any other cause. You are solely responsible for maintaining backups of your data. The Service is not a data archival or backup solution.

Uploaded files are processed in real time and are not retained. DesignSpark LLC is not responsible for any data exposure resulting from files you choose to upload, including files that contain sensitive or confidential information unrelated to fixture specifications.

The Service integrates with third-party providers including Paddle (payments), Supabase (infrastructure), and our AI processing service. DesignSpark LLC does not control these services and is not responsible or liable for their availability, accuracy, security practices, terms, or any harm resulting from your use of them. Your use of any third-party service is at your own risk and subject to that provider's terms. DesignSpark LLC expressly disclaims all liability for any acts or omissions of third-party service providers.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law. The limitations in this section are a fundamental element of the basis of the bargain between you and DesignSpark LLC.

You agree to defend, indemnify, and hold harmless DesignSpark LLC and its officers, directors, employees, agents, licensors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or inability to use the Service
• Your violation of these Terms or any applicable law or regulation
• Your violation of any third-party right, including intellectual property or privacy rights
• Any content or data you upload, create, or transmit through the Service
• Your reliance on any output generated by the Service, including AI-generated fixture profiles
• Any claim by a third party arising from your use of the Service in a live, installed, or commercial environment

DesignSpark LLC reserves the right to assume exclusive control of any matter subject to indemnification by you, at your expense.

DesignSpark LLC shall not be responsible or liable for any failure or delay in the performance of the Service arising out of any circumstance beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, government actions, pandemics, internet or infrastructure outages, cyberattacks, third-party service failures, power failures, or labor disputes. In such events, DesignSpark LLC's obligations are suspended for the duration of the event without liability of any kind.

Before initiating any legal proceeding, you must contact DesignSpark LLC at adam@firstcircledesign.com and attempt in good faith to resolve the dispute informally for at least 60 days. DesignSpark LLC is not required to participate in any legal proceeding initiated without completing this process.

To the fullest extent permitted by law, you waive any right to participate in a class action lawsuit, class-wide arbitration, or any representative proceeding against DesignSpark LLC. You also waive any right to a jury trial in any action arising from or relating to these Terms or the Service. All disputes shall be resolved on an individual basis only.

Any claim arising from or related to these Terms or the Service must be filed within one (1) year after the cause of action arose. Claims not filed within this period are permanently barred.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Sacramento, CA 95834, or at (800) 952-5210.

DesignSpark LLC may suspend or terminate your access to the Service at any time, for any reason or no reason, with or without notice, and without liability to you. Termination does not entitle you to any refund except as explicitly required by California law. Upon termination, all licenses granted to you immediately cease. Your data will be retained for 30 days post-termination for export, after which it is deleted. DesignSpark LLC is not liable for any loss of data resulting from termination.

DesignSpark LLC reserves the right to modify these Terms at any time at its sole discretion. Material changes will be communicated by email or in-app notice at least 30 days before taking effect. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree to the modified Terms, your sole remedy is to stop using the Service and cancel your subscription.