Terms of Service

These Terms of Service ("Terms") govern your use of mad-cap.comand any services we offer ("Service"), operated by RedBeard, Israel ("Company," "we," "us," "our").

By using the Service, you agree to these Terms. If you don't agree, please don't use the Service.

You can use MADCAP without an account, but designs you generate anonymously will be added to our public "Open Stitches" gallery unless you sign up.

To create an account, we ask for your full name, email, and phone number. We send you a one-time code by email. No passwords. You confirm the information is accurate and is yours, and that you're at least 16 years old. You're responsible for everything that happens under your account.

MADCAP uses generative AI (currently Google Gemini) to turn your prompt into an embroidery design. The output:

• Is generated probabilistically. The same prompt may produce different designs.
• Goes through automated quality control (stitchability validation and IP/trademark moderation) before you can lock it.
• May be rejected by our moderation gate if it appears to infringe third-party IP, includes prohibited content, or is otherwise unsuitable. See Acceptable Use.
• Is provided "as is." We don't guarantee any specific aesthetic outcome, only that it will be physically embroiderable to a reasonable standard.

The Company owns the AI-generated designs. When you generate a design through MADCAP, the resulting embroidery artwork is owned by RedBeard. This is the default position.

What you get by default:

• Personal-use license. A non-exclusive, non-transferable, non-commercial license to use the embroidered cap(s) you order from us for personal wear, photography for personal social media, and similar private purposes.
• You do NOT receive commercial-use rights, mass-production rights, resale rights, or the right to reproduce the design on other products or surfaces.

Commercial / mass-production rights.You can purchase commercial rights to your design as a separate add-on ("Creation Rights"). The price, scope (worldwide vs. territorial, exclusive vs. non-exclusive, time-limited vs. perpetual), and terms of that purchase will be presented to you at the time of purchase and confirmed in a signed addendum to these Terms.

Public gallery ("Open Stitches"). If you create a design without signing up for an account, you grant us a perpetual, royalty-free, worldwide license to display the design anonymously in our public gallery for promotional and inspirational purposes. Signing up before locking a design keeps it out of the public gallery.

Your prompt.You retain ownership of the prompt text you submitted. You grant us a license to process it for the purpose of generating your design, to display it alongside any design that's shown in the public gallery, and to use aggregate, anonymized prompt analytics to improve the Service.

All prices are shown in US Dollars (USD). The price you see at checkout is the price you pay; we'll add shipping during checkout. Taxes and customs duties for cross-border shipping may apply at the destination and are your responsibility unless explicitly stated otherwise.

Payments are processed by PayPal. We don't store your payment method. By submitting an order you authorize us to charge the payment method you provide for the order total.

An order is accepted only when we send you an order confirmation email. We may decline orders that fail our IP / acceptable-use moderation, that we suspect are fraudulent, or where the shipping destination is not feasible.

See our Returns and Refunds Policy. In short: because each cap is custom-embroidered to your design, we don't accept returns unless the cap arrives defective or we sent the wrong item. Defects must be reported within 14 days of delivery with photos. EU consumers: the standard 14-day right-of-withdrawal does not apply to bespoke / personalized goods under Article 16(c) of the EU Consumer Rights Directive. We claim that exemption explicitly for embroidered caps you designed.

You may not use the Service to generate designs that infringe third-party intellectual property, depict real people without authorization, promote hatred or violence, sexualize minors, or violate any law. The full list lives in our Acceptable Use Policy and is incorporated into these Terms.

If you believe a design or content on MADCAP infringes your intellectual property, please follow the takedown procedure at our DMCA / IP Takedown page.

The Service is provided "as is" and "as available." We make no warranties, express or implied, regarding the Service's availability, accuracy, fitness for a particular purpose, non-infringement, or any specific outcome from using the Service. Some jurisdictions don't allow these exclusions; in those cases, the exclusions apply to the maximum extent permitted by applicable law.

To the maximum extent permitted by law, the Company's total liability to you for any claim arising from these Terms or the Service is limited to the greater of (a) the amount you paid us in the 12 months before the claim or (b) USD 100.

We are not liable for indirect, incidental, consequential, or punitive damages, lost profits, lost data, or business interruption, even if we were advised of the possibility.

Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by our negligence, for fraud, or for any other liability that would be excluded by mandatory law in your jurisdiction.

Your representations and warranties. When you submit any content to the Service — including prompts you type, images or files you upload as reference material, or any other input — you represent and warrant that:

• You own all rights to that content, or you have a valid license that permits its use on the Service.
• The content does not infringe any third-party intellectual- property right (copyright, trademark, design right, right of publicity, or otherwise).
• The content does not violate any law or our Acceptable Use Policy.
• For any image of a real person you upload, you have that person's authorization to use their likeness for the purposes of generating an embroidery design.

Indemnification. You agree to indemnify and hold harmless the Company, its officers, employees, and agents from any claim arising from (a) your prompts, any image or file you upload, or any other content you submit; (b) your use of the Service; (c) your violation of these Terms or any third-party right, including any intellectual-property right; (d) any breach of the representations in this Section.

You can stop using the Service and close your account at any time by contacting us. We can suspend or terminate your account if you violate these Terms, particularly the Acceptable Use Policy. We may also discontinue the Service entirely; if we do, we'll give reasonable notice and honor outstanding orders.

These Terms are governed by the laws of the State of Israel, without regard to conflict-of-laws principles. The courts of Tel Aviv–Jaffa have exclusive jurisdiction over any dispute arising from these Terms or the Service, subject to any non-waivable consumer-protection rights you have under the law of your residence.

We may update these Terms from time to time. Material changes will be communicated via email to account holders at least 14 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance.

Questions about these Terms: eytan@redbeard.co.il.