Terms of Service

1. Who we are

HeroCards ("HeroCards", "we", "our", or "us") operates a website that helps coaches and athletic departments create AI-powered animated trading cards for their athletes.

2. Eligibility and accounts

• You must be at least 13 years old to use the Service. If you are under 18, you must have permission from a parent or legal guardian.
• You are responsible for your account credentials and for all activities under your account. Notify us promptly if you suspect unauthorized use.
• If you are a coach uploading photos or information of minors, you represent that you have obtained appropriate consent from parents or legal guardians.

3. Website access, internet, and devices

• The Service requires internet access. You are responsible for any data charges or connectivity issues.
• Keep your device secure and up to date. We are not responsible if your device malfunctions or runs out of battery.

4. User generated content

You may submit content, including team information, player photos, player statistics, team logos, and generated cards ("User Content"). You represent and warrant that:

• You own or have all necessary rights to submit and use User Content.
• Your submission does not infringe any third party rights, including copyrights, trademarks, privacy, or publicity rights.
• You have obtained appropriate consent for any photos or information of minors.

You remain the owner of your User Content. By submitting User Content, you grant HeroCards a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, host, store, reproduce, distribute, display, perform, and create derivative works from your User Content for the purpose of operating, improving, promoting, and providing the Service, including generating AI-powered cards and animations.

Prohibited User Content includes illegal content, hateful or harassing material, pornography, spam, malware, and any content that violates intellectual property or privacy rights. We may moderate, refuse, remove, or disable access to any User Content at our discretion.

5. Team logos, player photos, and materials

If you upload or submit team logos, player photos, images, or brand materials, you must have permission from the rights holder. You agree not to impersonate or misrepresent your association with a team or organization. We may remove materials reported as unauthorized or infringing, and we may suspend or terminate repeat infringers.

6. Payments, subscriptions, and refunds

• We offer subscription tiers with varying credit allocations for card generation and animation features.
• Payments are processed by Stripe. You agree to Stripe's terms and any applicable policies. We do not process or store full payment card numbers on our servers.
• Credits are consumed when generating cards or animations. Monthly credit grants are provided automatically for active subscriptions.
• Prices, features, and availability are subject to change. Except where required by law or expressly stated otherwise, subscription fees are non-refundable once a billing period begins. You may cancel your subscription at any time, and cancellation will take effect at the end of the current billing period.

7. AI generation and third party services

Card generation and animation services are provided through third-party AI services (fal.ai). We do not guarantee the accuracy, quality, or availability of AI-generated content. Generated cards are provided "as is" and may require review and approval before use. We are not responsible for delays, failures, or errors in AI generation services. Generated images are only guaranteed to remain uploaded on our upload server for 7 days after generation, after which they may be deleted.

8. Acceptable use

• Do not use the Service for unlawful purposes.
• Do not scrape, harvest, or access the Service using automated means without permission.
• Do not interfere with security-related features or attempt to bypass access controls.
• Do not reverse engineer or attempt to derive source code except as allowed by law.
• Do not attempt to circumvent credit limits or subscription restrictions.

9. Intellectual property

The Service, including our site design, logos, and original content, is owned by HeroCards or our licensors and protected by intellectual property laws. Except for your User Content, you may not copy, modify, distribute, or create derivative works from the Service without our prior written consent.

10. Notice of alleged infringement

If you believe content on the Service infringes your rights, contact us with the following:

• Your contact information.
• Identification of the work you claim is infringed.
• The URL or description of the allegedly infringing content.
• A statement that you have a good faith belief that the use is not authorized.
• A statement, under penalty of perjury, that the information is accurate and that you are the rights holder or authorized to act for the rights holder.
• Your physical or electronic signature.

Send notices to: dylan@examp.com

11. Disclaimers

• We strive to keep the Service updated and accurate, but we provide it on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.
• We do not warrant that the Service will be uninterrupted, secure, or error-free, or that content will always be accurate or current.
• We do not warrant that AI-generated cards will meet your expectations or be suitable for any particular purpose.

12. Limitation of liability

To the maximum extent permitted by law, HeroCards and its affiliates, officers, employees, and agents are not liable for any indirect, incidental, special, consequential, or exemplary damages, or any loss of profits, revenues, data, or goodwill, arising out of or related to your use of the Service, including but not limited to AI generation failures, lost cards, or subscription issues.

13. Indemnity

You will indemnify and hold harmless HeroCards from any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your User Content, your use of the Service, or your violation of these Terms.

14. Changes to the Service

We may update or discontinue parts of the Service at any time. We are not obligated to maintain or support any specific feature or functionality, including specific card templates or AI generation capabilities.

15. Changes to these Terms

We may update these Terms from time to time. The updated Terms will be posted on this page with a new effective date. Continued use of the Service after an update constitutes acceptance of the revised Terms.

16. Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. You agree to the exclusive jurisdiction of the state and federal courts located in San Diego County, California.

17. Contact

For questions about these Terms: dylan@examp.com