Terms of Service

1. Introduction and Acceptance of Terms

Welcome to Just Christmas Cards ("we," "us," "our," or the "Service"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Just Christmas Cards governing your access to and use of our website at justchristmascards.com, our AI-powered Christmas card generation service, and all related services, features, and content (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through a prominent notice on the Service. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms. The "Last updated" date at the top of this document indicates when these Terms were last revised.

Important: These Terms contain provisions that limit our liability to you and require you to resolve disputes with us through binding arbitration on an individual basis, not as part of any class or representative action. Please review Sections 12 (Limitation of Liability) and 17 (Dispute Resolution) carefully.

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least 16 years of age to use the Service. If you are between 16 and 18 years of age (or the age of majority in your jurisdiction), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

By using the Service, you represent and warrant that you meet these age requirements and have the legal capacity to enter into these Terms.

2.2 Account Registration

To access certain features of the Service, you must create an account by providing:

• A valid email address
• A secure password, or
• Authentication through a third-party OAuth provider (Google or Facebook)

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

2.3 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate accounts that contain inaccurate, fraudulent, or incomplete information.

2.4 Prohibited Jurisdictions

The Service is not available to persons or entities located in, or residents of, jurisdictions where such use would violate applicable law or regulation, or subject us to regulation in such jurisdiction. Users are responsible for ensuring their use of the Service complies with all applicable local laws.

3. Service Description

3.1 Core Service

Just Christmas Cards provides an AI-powered platform that allows users to:

• Browse and preview Christmas card templates
• Upload personal photographs
• Generate personalized Christmas cards using artificial intelligence (Google Gemini AI)
• Customize cards with personal messages and design preferences
• Download, share, and organize generated cards
• Purchase credits for card generation services

3.2 AI Generation Process

Our Service uses third-party AI technology (Google Gemini AI) to process your uploaded photographs and generate personalized Christmas cards. The AI generation process is automated and may produce varied results based on input quality, template selection, and AI processing capabilities.

No Guarantees: We do not guarantee that AI-generated cards will meet your expectations, match preview examples, or be free from artifacts, errors, or imperfections. AI technology is inherently unpredictable, and results may vary.

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, including but not limited to:

• Available card templates and design options
• AI processing capabilities and features
• Credit pricing and package offerings
• Storage limits and retention periods
• API access and integration features

We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3.4 Third-Party Dependencies

The Service relies on third-party services including but not limited to Google Gemini AI, Amazon Web Services (AWS), Stripe, and Supabase. Service availability and performance may be affected by these third-party providers. We are not responsible for any failures, interruptions, or quality issues caused by third-party services.

4. User Content and Responsibilities

4.1 User-Generated Content

"User Content" means any photographs, images, text, messages, data, or other materials you upload, submit, or provide to the Service, including but not limited to:

• Photographs uploaded for card personalization
• Custom messages and text added to cards
• Account information and profile data
• Feedback, reviews, and communications with our support team

4.2 Rights and Licenses Required

You represent and warrant that:

• You own or have obtained all necessary rights, licenses, consents, and permissions to upload and use your User Content on the Service
• Your User Content does not infringe any third-party intellectual property rights, including copyrights, trademarks, patents, trade secrets, or rights of publicity or privacy
• You have obtained consent from all identifiable individuals depicted in photographs you upload
• Your User Content complies with all applicable laws and regulations
• Your User Content does not contain any viruses, malware, or other harmful code

4.3 License Grant to Us

By uploading User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in connection with:

• Providing and operating the Service (including AI processing)
• Transmitting your User Content to third-party service providers (Google AI, AWS, etc.) as necessary to generate cards
• Displaying your generated cards within your account
• Technical operations such as backups, caching, and content delivery

This license terminates when you delete your User Content from the Service, except to the extent we are required to retain copies for legal compliance or legitimate business purposes (e.g., backups, transaction records).

4.4 Ownership of Generated Cards

Your Ownership: You retain ownership of the photographs you upload as User Content.

Generated Cards: AI-generated Christmas cards created using your photographs are considered derivative works. Given the collaborative nature of AI generation (your input + our templates + AI processing), ownership rights may be complex and subject to evolving copyright law.

We grant you a personal, non-exclusive, non-transferable license to download, print, and share your generated cards for personal, non-commercial use. You may not resell generated cards or use them for commercial purposes without our express written permission.

4.5 Public Sharing Features

If you choose to make your generated cards public or share them via our sharing features, you grant us additional rights to display those cards publicly on the Service and in our marketing materials. You may revoke this permission by removing the public sharing setting.

5. Acceptable Use Policy

5.1 Prohibited Content

You agree not to upload, create, generate, or share any User Content or cards that:

• Illegal Content: Violates any applicable law, regulation, or ordinance
• Infringing Content: Infringes any intellectual property rights, privacy rights, publicity rights, or other rights of any third party
• Harmful to Minors: Depicts, sexualizes, or exploits children in any way, including child sexual abuse material (CSAM)
• Non-Consensual Content: Depicts identifiable individuals without their consent, including non-consensual intimate imagery (NCII) or "deepfakes"
• Hateful Content: Promotes hate speech, discrimination, harassment, or violence based on race, ethnicity, national origin, religion, disability, gender, age, sexual orientation, or gender identity
• Violent Content: Depicts graphic violence, gore, or content promoting terrorism or violent extremism
• Sexual Content: Contains pornography, sexually explicit material, or solicitation of sexual services
• Deceptive Content: Contains false, misleading, or deceptive information intended to defraud others
• Harmful Code: Contains viruses, malware, spyware, or other malicious code
• Spam or Abuse: Constitutes spam, unsolicited advertising, or attempts to manipulate or abuse the Service

5.2 Prohibited Activities

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Attempt to gain unauthorized access to the Service, other user accounts, or our systems
• Reverse engineer, decompile, or attempt to extract source code from the Service
• Use automated systems (bots, scrapers, crawlers) to access the Service without our express permission
• Circumvent any rate limits, security measures, or access controls
• Interfere with or disrupt the integrity or performance of the Service
• Collect or harvest personal information about other users without their consent
• Use the Service to generate cards for commercial purposes without our express written permission
• Upload content depicting real individuals without their knowledge and consent
• Create fraudulent accounts or engage in account sharing or resale
• Attempt to manipulate credit balances or payment systems

5.3 Enforcement and Consequences

We reserve the right, but have no obligation, to:

• Monitor, review, and remove User Content that violates these Terms
• Suspend or terminate accounts that violate these Terms, with or without notice
• Report illegal activities to law enforcement authorities
• Cooperate with legal investigations and court orders
• Refuse service to anyone for any reason at any time

Violation of this Acceptable Use Policy may result in immediate account termination without refund of any purchased credits.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service and all content, features, and functionality provided by us (excluding User Content) are owned by Just Christmas Cards, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property laws.

This includes but is not limited to:

• Christmas card templates and designs
• Website design, layout, and user interface
• Software, code, algorithms, and technology underlying the Service
• Text, graphics, logos, icons, and images on the website
• The Just Christmas Cards name, logo, and branding
• Compilations and arrangements of content

6.2 Limited License to Use the Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use only.

This license does not include any right to:

• Resell or make commercial use of the Service or its content
• Download or copy account information for the benefit of another party
• Use data mining, robots, or similar data gathering and extraction tools
• Reproduce, duplicate, copy, modify, or create derivative works from the Service
• Remove or alter any copyright, trademark, or other proprietary notices

6.3 Card Templates

All Christmas card templates available on the Service are either created by us or licensed from third parties. You may not extract, reproduce, or reuse these templates outside of the Service without our express written permission.

6.4 Trademarks

Just Christmas Cards and associated logos are trademarks or registered trademarks of Just Christmas Cards. You may not use our trademarks without our prior written consent. All other trademarks, service marks, and trade names are the property of their respective owners.

6.5 Feedback and Suggestions

If you provide us with feedback, suggestions, ideas, or other input regarding the Service ("Feedback"), you grant us an unlimited, irrevocable, perpetual, royalty-free license to use, modify, and incorporate such Feedback into our Service without any obligation to compensate you.

7. Copyright Infringement and DMCA Policy

7.1 DMCA Compliance

We respect the intellectual property rights of others and expect users to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA") and equivalent UK copyright law.

7.2 Reporting Copyright Infringement

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Service, please notify our copyright agent by providing the following information in writing:

• Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are covered
• Identification of the material that is claimed to be infringing, including URL or specific location on the Service where the material is located
• Your contact information, including name, address, telephone number, and email address
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
• Your physical or electronic signature

Our designated copyright agent for notice of alleged copyright infringement can be reached at:

7.3 Counter-Notification

If you believe your content was removed in error, you may submit a counter-notification containing:

• Your physical or electronic signature
• Identification of the material that was removed and its location before removal
• A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification
• Your name, address, and telephone number, and a statement consenting to jurisdiction of the appropriate court

7.4 Repeat Infringer Policy

We will terminate the accounts of users who are repeat copyright infringers in appropriate circumstances.

8. Payment Terms and Credits

8.1 Credit System

The Service operates on a credit-based system. You must purchase credits to generate AI-powered Christmas cards. Credits are non-transferable and have no cash value. Credits cannot be exchanged for cash or other goods or services.

8.2 Pricing

Credit prices are displayed on the Service and may change at any time. We will notify you of price changes before your next purchase. Price changes do not affect credits you have already purchased.

All prices are in the currency specified at checkout and include applicable taxes where required by law.

8.3 Payment Processing

Payments are processed through Stripe, a third-party payment processor. By making a purchase, you agree to Stripe's Terms of Service and Privacy Policy. We do not store your complete credit card information on our servers.

You represent and warrant that:

• You have the legal right to use any payment method you provide
• The information you provide is true, correct, and complete
• Charges incurred by you will be honored by your payment method provider

8.4 Failed Payments

If a payment fails or is declined, we may suspend your access to the Service until payment is successfully processed. We reserve the right to cancel orders and terminate accounts for failed payments.

8.5 Credit Expiration

Credits do not expire unless (1) your account is closed, (2) we terminate the Service, or (3) we reasonably determine that you have violated these Terms. We will provide reasonable notice before expiring credits due to Service termination.

8.6 Refund Policy

Credit Purchases: Credits are generally non-refundable once purchased. However, we may issue refunds in our sole discretion for:

• Technical errors that prevent you from using purchased credits
• Duplicate charges or billing errors
• Credits purchased within 14 days if no credits have been spent (UK consumer protection laws)

Generation Failures: If card generation fails due to technical issues on our end, we will refund the credits used for that generation. Credits are not refunded for:

• User dissatisfaction with AI-generated results
• Poor quality input photographs
• User errors in template or preference selection
• Changes in AI capabilities or results over time

To request a refund, contact us at legal@justchristmascards.com within 30 days of purchase with your order details.

8.7 Taxes

You are responsible for all taxes associated with your purchase of credits, except for taxes based on our net income. We will collect applicable VAT or sales tax where required by law.

9. Account Termination

9.1 Termination by You

You may close your account at any time by contacting us at legal@justchristmascards.com. Upon account closure:

• Your access to the Service will be terminated
• Your User Content and generated cards will be deleted within 30 days
• Unused credits will be forfeited without refund
• Transaction records will be retained as required by law (typically 7 years)

9.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or our Acceptable Use Policy
• Suspected fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Requests by law enforcement or government agencies
• Technical or security issues
• Discontinuation of the Service

9.3 Effect of Termination

Upon termination of your account:

• Your right to use the Service immediately ceases
• We may delete your User Content and generated cards
• Unused credits are forfeited without refund
• Provisions of these Terms that by their nature should survive termination will survive, including but not limited to: ownership provisions, warranty disclaimers, indemnification, and limitations of liability

9.4 No Liability for Termination

We will not be liable to you or any third party for termination of your account or access to the Service.

10. Disclaimers and No Warranties

10.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10.2 No Warranty of Quality or Results

We make no warranty that:

• The Service will meet your requirements or expectations
• AI-generated cards will be of satisfactory quality, accurate, or free from errors
• Card generation will be successful or produce desired results
• The Service will be uninterrupted, timely, secure, or error-free
• Any errors or defects will be corrected
• The Service will be compatible with your devices or systems
• User Content will be stored securely or without loss

10.3 AI Technology Limitations

AI-generated content is inherently unpredictable. We do not warrant the quality, accuracy, appropriateness, or reliability of AI-generated cards. Results may vary based on numerous factors beyond our control, including:

• Input photograph quality, resolution, and composition
• Third-party AI model capabilities and limitations
• Template complexity and design elements
• AI training data and algorithmic behavior
• Computational resources and processing conditions

AI-generated cards may contain unexpected artifacts, distortions, or imperfections. We are not responsible for the quality or appropriateness of AI-generated output.

10.4 Third-Party Services

We rely on third-party services (Google Gemini AI, AWS, Stripe, Supabase) to operate the Service. We do not warrant the availability, reliability, or performance of these third-party services. We are not responsible for any failures, errors, or issues caused by third-party service providers.

10.5 No Professional Advice

The Service is for entertainment and personal use only. We do not provide professional, legal, financial, or other advice. Any content provided through the Service should not be relied upon for making decisions without consulting qualified professionals.

10.6 Security Disclaimer

While we implement reasonable security measures, we cannot guarantee that the Service is completely secure or free from unauthorized access, data breaches, viruses, or other security threats. You use the Service at your own risk.

10.7 Availability Disclaimer

We do not guarantee that the Service will be available at all times. The Service may be unavailable due to maintenance, updates, technical issues, third-party service outages, or other reasons beyond our control.

11. Limitation of Liability

11.1 Exclusion of Certain Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JUST CHRISTMAS CARDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data, files, or User Content
• Loss of goodwill or reputation
• Cost of procurement of substitute goods or services
• Emotional distress or personal injury
• Unauthorized access to your account or data

THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

11.2 Cap on Total Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) £100 GBP.

11.3 Basis of the Bargain

The limitations in this Section 11 reflect the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. These limitations are fundamental elements of the basis of the bargain between you and us.

11.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

11.5 Claims Must Be Filed Within One Year

Any claim arising out of or relating to these Terms or the Service must be filed within one year after the cause of action arose, or such claim will be permanently barred.

12. Indemnification

You agree to indemnify, defend, and hold harmless Just Christmas Cards, its parent, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use or misuse of the Service
• Your User Content, including any infringement of intellectual property rights or violation of privacy rights
• Your violation of these Terms
• Your violation of any law, regulation, or rights of any third party
• Any dispute between you and another user of the Service
• Your negligence, willful misconduct, or fraud
• Unauthorized use of your account by any third party due to your failure to maintain account security
• Claims that your User Content caused harm to a third party

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses. You may not settle any claim without our prior written consent.

This indemnification obligation will survive termination of these Terms and your use of the Service.

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

13.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the courts of England and Wales. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

13.3 Informal Dispute Resolution

Before filing a formal claim, you agree to first contact us at legal@justchristmascards.com and attempt to resolve the dispute informally. We will attempt to resolve disputes through good faith negotiation.

13.4 Arbitration Agreement (For Non-UK Residents)

For users outside the United Kingdom who are not entitled to UK consumer protection laws, any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration in accordance with the rules of the International Chamber of Commerce (ICC).

The arbitration shall be conducted in English, and the seat of arbitration shall be London, United Kingdom. The decision of the arbitrator shall be final and binding.

13.5 Class Action Waiver

YOU AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING ("CLASS ACTION"). YOU EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM.

13.6 UK Consumer Rights

If you are a consumer resident in the United Kingdom, nothing in this Section limits your statutory rights under UK consumer protection law, including your right to bring proceedings in your local consumer court.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published on the Service, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, understandings, and communications.

14.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Just Christmas Cards.

14.4 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms or delegate any of our obligations without restriction. Any attempted assignment in violation of this provision shall be void.

14.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet failures, or failures of third-party service providers.

14.6 No Agency Relationship

No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is created between you and us by these Terms or your use of the Service.

14.7 Notices

We may provide notices to you via email to the address associated with your account, through the Service, or by posting on our website. You agree that such notices satisfy any legal communication requirements.

To give us notice under these Terms, you must contact us by email at legal@justchristmascards.com. Notices sent by mail should be sent to our registered office address.

14.8 Export Control

The Service may be subject to UK and international export control laws and regulations. You agree to comply with all applicable export laws and regulations and will not export, re-export, or transfer the Service or any related technology to prohibited countries, entities, or persons.

14.9 Third-Party Beneficiaries

These Terms are for the benefit of you and Just Christmas Cards only, and are not intended to confer any rights on third parties, except as explicitly stated (e.g., indemnification of third-party service providers).

14.10 Translations

These Terms may be translated into other languages for your convenience. In the event of any conflict or inconsistency between the English version and any translated version, the English version shall prevail.

15. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Service, please contact us:

We aim to respond to all legitimate inquiries within 5 business days.