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AI Content & IP Policy

Last updated · May 18, 2026

1. What our AI does

MADCAP uses generative AI (currently Google Gemini, including Gemini Flash for text and Nano Banana for image generation) to turn your prompt into an embroidery design. Every design also passes through a deterministic stitchability validator (pixel math, no AI) that checks color count, line thickness, and design footprint against real embroidery-machine constraints.

2. AI disclosure

We disclose explicitly: the designs you see in our Studio are generated by AI. This is true for the design itself, the cap suggestion, and Brim's conversational guidance. The stitchability verdict on each design is calculated by deterministic code, not AI.

This disclosure satisfies the transparency requirements of California SB-942 (AI Transparency Act, eff. 2026), Texas SB-942 (Generative AI Disclosure), Utah's Artificial Intelligence Policy Act, and similar laws in other jurisdictions.

3. Who owns the design

RedBeard owns the AI-generated designs. Under our Terms of Service (Section 4), the embroidery artwork generated through MADCAP is owned by the platform.

This is more aggressive than the default position most AI platforms take. We chose it because:

  • The design wouldn't exist without our model, our stitchability validator, and our embroidery-aware production pipeline. The AI alone produces a graphic; the platform produces an embroiderable design.
  • Platform ownership lets us protect the public gallery from third-party reproduction without paying contributors.
  • It creates a clear commercial-use pathway (see below) for users who want to take a design beyond personal wear.

4. Your personal-use license

When you order a cap with your design, you receive a non-exclusive, non-transferable, royalty-free, perpetual license to:

  • Wear, photograph, and share images of the cap you ordered for personal, non-commercial purposes.
  • Post photos of yourself wearing the cap to your personal social media.
  • Give the cap as a gift.

What you do not receive without buying commercial rights:

  • The right to reproduce the design on additional caps, other apparel, or any other product.
  • The right to sell the design or sell items bearing the design.
  • The right to license the design to a third party.
  • Use of the design in advertising or as part of a brand identity.

5. Commercial rights (paid add-on)

If you want to use a MADCAP-generated design commercially (for a brand, for resale, for mass production, for advertising), you can purchase Creation Rights as a separate add-on. We negotiate scope at the time of purchase:

  • Territory: worldwide or specific countries.
  • Exclusivity:exclusive (we won't license it to anyone else) or non-exclusive.
  • Duration: time-limited (1, 3, 5 years) or perpetual.
  • Categories: apparel only, all merchandise, advertising use, etc.

The terms of a Creation Rights purchase are confirmed in a signed addendum to the Terms of Service. Contact us to initiate one.

6. IP & trademark moderation

Before generating, every prompt passes through automated IP and trademark moderation. Prompts that appear to reference protected third-party IP (characters, real-person likenesses, trademarked slogans, brand names) are rejected with an explanation.

We can't catch everything. If a design slips through and you believe it infringes your IP, please use our DMCA Takedown procedure.

See our Acceptable Use Policy for the full list of prompt categories we reject.

7. Uploaded reference images

The Studio lets you upload an image as a reference (for example, a sketch or a mood-board image) to help guide the AI. When you upload, three things happen server-side before the image touches the generation model:

  • Safety moderation. The image is screened via Google Cloud Vision SafeSearch for adult, violent, and racy content. Images that fail are rejected before they are stored.
  • IP & trademark moderation. The same policy gate that screens prompts also applies to uploaded references. Images that obviously reference protected third-party IP (recognizable logos, characters, real-person likenesses, trademarked imagery) are rejected.
  • Stitchability heuristics. The uploaded reference is used only to influence the AI; the design that actually ships is the AI-generated, embroidery-validated output, not the upload itself.

Your rights to the upload. By uploading an image, you represent and warrant that you own that image or have a license that permits its use here, and that the image does not infringe any third-party IP. (See Terms of Service §11 for the full representations and indemnification you give us when you submit content.)

What we do with the upload.You grant us a limited, non-exclusive license to process the uploaded image for the sole purpose of generating your embroidery design and running the moderation gates above. We do not use uploaded reference images to train AI models, and we do not retain uploads beyond the design session unless they become part of a locked, paid order's production record.

Even with both moderation gates, no automated system catches every IP issue. If a generated design that was influenced by an upload appears to infringe your rights, please use the DMCA Takedown procedure.

9. AI training data

We do notuse your prompts or designs to train AI models without your explicit consent. Our generative model is Google Gemini, which Google operates and trains separately; MADCAP is a customer of Gemini's API, not a trainer.

Aggregate, anonymized prompt analytics (e.g. "X% of users generate animal designs") may be used to improve our product. This is anonymous and statistical only.

10. Limitations

Generative AI is probabilistic. Even with our moderation gate and stitchability validator, occasional anomalies happen: a design that almost-but-not-quite matches a trademarked logo, a design that doesn't exactly match your prompt's intent, etc. We don't guarantee any specific aesthetic outcome or the absence of third-party-similar imagery.

You're responsible for reviewing the design before locking it. Once locked, the design enters production and changes aren't possible.

11. Contact

AI / IP questions, Creation Rights inquiries, removal requests for Open Stitches: eytan@redbeard.co.il.