Terms

Welcome to Ultimate Card Creator! These Terms of Use (“Terms”) apply to your (“you” or “your”) use of UCC’s visual communication platform (the “Service”). By using the Service, you agree that these terms will become a legally binding agreement between you and the UCC Contracting Entity identified in these Terms (“UCC”).

Overview a. Using UCC. UCC is a platform that empowers people to design any kind of trading card (each a “Design”). When you use the Service, you’ll have access to a variety of content provided by UCC and other content providers to use in your designs (“Licensed Content”). Your use of the Licensed Content is subject to the Content License Agreement(opens in a new tab or window). You also have the option to upload your own content (“User Content”), such as videos, images, and files, which you have full control and responsibility over. You can use Licensed Content, your User Content, and tools available in UCC to create your Designs.

The Service is made available on UCC.com, UCC mobile apps, UCC desktop applications, and in other forms provided or made available by UCC. Your use of the Service is subject to these Terms and UCC’s Acceptable Use Policy(opens in a new tab or window). By using the Service you acknowledge and agree to UCC’s Privacy Policy(opens in a new tab or window).

If you are using UCC for Education, please refer to the UCC for Education Additional Terms(opens in a new tab or window) which are supplemental to these Terms.

You may use the Service only if you can form a binding contract with UCC and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.

b. Signing up with a managed email address. If you sign up for the Service using an email address associated with your employer or another organization (“Admin Entity”), (i) you represent and warrant that you have the authority to bind the Admin Entity to these Terms; (ii) your use of the Service will bind your employer or the organization to these Terms; and (iii) “you” and “your” in these Terms will refer to both you and the Admin Entity. The UCC account you create using an email address associated with an Admin Entity will be an “Administered Account”.

If you’ve signed up for the Service using an Administered Account, at the Admin Entity’s request, UCC may:

share your email address, name and basic account information with your Admin Entity; and transfer control of the Administered Account to the Admin Entity. If your Administered Account is transferred, the Admin Entity’s admin will be able to access, transfer and control your Administered Account and all content and designs associated with it, as well as:

make changes to the Administered Account and billing settings and privacy preferences; make changes to the folder permissions; and delete the Administered Account. If your Admin Entity has requested control of your Administered Account, UCC will provide you with notice and the opportunity to transfer your content and designs to a personal UCC account (subject to you providing us with a valid email address) before the Administered Account is transferred to your Admin Entity.

Companies or organizations may choose to bring everyone that uses UCC with an email address they manage onto one centrally-managed UCC account.

C. UCC for Teams. Our UCC for Teams plan is intended for teams, businesses and organizations of all sizes who want to work and design together. If you create a Team on behalf of an organization or employer, you are binding them to these Terms and all the obligations set out in them. If they haven’t authorized you to do this, you’ll need someone who is authorized to create the Team.

Using the Service a. Age Requirement. Children may not access or use the Service unless their use is directly authorized by their parent, guardian or another authorized adult (such as a teacher) who agrees to be bound by these Terms. For purposes of these Terms, a child is a person under the age of 13 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located). For children using UCC for Education please refer to the UCC for Education Additional Terms.

There are legal restrictions on making certain services available to children. Our free UCC for Education plan for students is compliant with all the laws that apply to children using an online service. You can learn more about UCC for Education here(opens in a new tab or window).

b. Access to the Service. Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for business or personal use. UCC reserves all rights not expressly granted under these Terms. Each person must have a unique account and you are responsible for any activity conducted on your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code.

c. Acceptable Use Policy. Your use of the Service, your User Content, and your Designs, must comply with UCC’s Acceptable Use Policy(opens in a new tab or window). . If you fail to comply with any provision of UCC's Acceptable Use Policy(opens in a new tab or window), UCC may delete the violating User Content and/or Designs or suspend or terminate your account with immediate effect.

d. Anti-discrimination. UCC does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence.

We believe in Being a Force for Good in the world and that means we don’t tolerate UCC being used in inappropriate ways.

e. Restrictions on Use of the Service. You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service or the Licensed Content to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Service to transmit unsolicited emails or engage in spamming; (viii) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for machine learning or other purposes; or (ix) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the Licensed Content.

We work hard to make UCC available to everyone, so we can’t allow you to bring harm to UCC or the platform.

Security and Data Privacy a. Information Security. UCC implements and maintains physical, technical and administrative security measures designed to protect your information from unauthorized access, destruction, use, modification or disclosure. You can learn more about how UCC protects the Service and your information at UCC’s Trust Center(opens in a new tab or window).

b. Data Privacy. UCC’s Privacy Policy describes how UCC collects, uses, transfers, discloses and stores your personal data. By creating a UCC for Teams account, you confirm that you have read, understood and agree to our Data Processing Addendum(opens in a new tab or window) in full, and that the Data Processing Addendum shall be incorporated into these Terms to the extent Personal Data subject to Applicable Data Laws (as defined in the Data Processing Addendum) is processed by UCC on your behalf in connection with your use of the Service. In the event of any conflict between these Terms and the Data Processing Addendum, the Data Processing Addendum shall prevail.

If you have a UCC for Teams account, and to the extent it is applicable, we act as a "Data Processor" as per the terms of our Data Processing Addendum.

Content and Designs a. User Content. You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. As between you and UCC, you own all right, title and interest in and to your User Content. You grant UCC a royalty-free and sublicensable license to display, host, copy, store and use your User Content solely to the extent necessary to provide the Service to you. To the extent you include User Content in a Design that you’ve shared with others, you grant UCC a perpetual, royalty-free, sublicensable, license to display, host, copy, store and use your User Content to the extent necessary to continue to make that Design available.

When you upload content to UCC, you’re guaranteeing that you have the rights to it. We never obtain any ownership over your content, but we do need you to give us certain rights to store it and have it ready for you to use in your designs.

You agree that if you opt-in to do so via the privacy settings within your account settings(opens in a new tab or window), UCC, its affiliates, and its third party service providers that enable functionality within the Service may use your User Content to develop, improve, and provide the AI products and services, including through the use of machine learning technologies. We will not use User Content of UCC for Education for AI training. Learn more about how you can manage your settings here.(opens in a new tab or window)

b. Licensed Content. You may use Licensed Content in connection with the Service. The use of Licensed Content is subject to additional license rights and restrictions set forth in the Content License Agreement(opens in a new tab or window). The applicable license rights and restrictions vary depending on the type and source of the Licensed Content. You can determine which Content License Terms apply by hovering over the item of Licensed Content and clicking on the info icon.

We make a variety of content available for you to use in your designs. Certain restrictions apply to how you can use that content and what you can do with the designs you include that content in. The restrictions vary based on the type and source of the content. You can learn more here: UCC's Licensing Explained(opens in a new tab or window).

c. Designs. Your Designs may include a combination of User Content and Licensed Content. While you retain ownership of your User Content, any use of Designs containing Licensed Content are subject to the applicable terms of the Content License Agreement(opens in a new tab or window).

We never own your designs, but there may be certain restrictions depending on the types of UCC-provided content you’ve included in your designs.

d. Sharing and Publishing Your Designs. You may publish or share Designs with others within the Service, via a Third Party Service, or via a link. UCC maintains no responsibility in relation to such sharing of Designs and UCC’s enablement of such activity or the Service’s performance of actions to publicly share Designs at your instruction shall not be considered a violation of any of UCC’s obligations under these Terms.

There are a number of ways to share your designs with the world. You’re responsible for who you share them with and how you do it.

e. Printing your Designs. You can use the Service to print your Designs (only available in certain locations). Print orders are subject to additional fees and taxes as specified when you place a print order. Print services are provided by third party print partners who are responsible for completing, delivering or otherwise making available print orders. You can choose to have your print order delivered to you or to pick it up at one of our partners’ locations (subject to availability in your area). Print orders may be affected by circumstances outside of UCC’s control. Delivery times are only estimates which UCC cannot guarantee. If you have an issue with a print order, reach out to UCC Support(opens in a new tab or window). Unfortunately, we’re unable to provide refunds for errors made by you or if you just change your mind about a print order.

You can bring your designs to life on everything from greeting cards and t-shirts to coffee mugs and journals. Printing is done through our print partners and can be delivered to you, or picked up at a partner’s location (where available). You can learn more here: UCC Print(opens in a new tab or window).

If you’re a UCC Pro subscriber we’ll be your “Data Processor” under laws like the GDPR only where you’re using UCC to process personal data of others (such as creating a website that collects personal data). If you do that, you and UCC enter into UCC’s Data Processing Addendum which ensures compliance with data privacy laws.

Teams Administration You can create or join a “Team” on UCC that allows you to collaborate with others. The creator of the Team is the “Team Owner.” Each Team may have one or more people identified as administrators (each, an “Administrator”) by the Team Owner or another Administrator. Both the Team Owners and Administrators can add, modify or remove people from the Team as well as manage their permissions and access to User Content and Designs. Only the Team Owner may assign a new Team Owner. If you add a person to a Team, you represent and warrant that you or your organization have obtained all necessary consents from that person to be added. If you enable account management services which allow you to manage the Teams and Users using UCC at your organization, you represent and warrant that you are authorized to do so on behalf of your Team and/or organization.

If you are on Team on UCC for Teams, the Team Owner or Administrator may control access to, delete, or re-assign ownership to the User Content you upload and Designs you create on the account you access as part of the Team. UCC is not responsible for any actions taken by Team Owners or Administrators. It is your responsibility to not upload User Content or create Designs on an account associated with a Team if you do not want to potentially transfer ownership or disclose such User Content or Designs to others on the Team.

If you’re on a Team on UCC for Teams, make sure you’re aware of the privacy settings and only upload content and create designs you’re comfortable with others on the Team having access to and control over. Administrators can transfer designs between people on the Team. Keep your personal content and designs to yourself by creating a personal account.

Billing UCC offers a free and paid Service. You can learn more about UCC’s various subscription offerings here(opens in a new tab or window). Pricing may vary by location and will be based on the billing information you provide us at the time of purchase. If you are on a UCC for Teams plan, the Team Owner will be billed for and is responsible for payment of subscription fees.

a. Subscriptions and Renewals. If you are subscribing to UCC Pro or UCC for Teams, you can sign up for either a monthly or annual subscription. Your subscription will automatically renew on a monthly or annual basis as applicable. You can cancel your subscription at any time. If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed.

b. Pricing for Additional People on your Team. If you are on a UCC for Teams plan, you are billed according to UCC’s “Pay as You Grow” model. When you add people to a Team, you will be billed for them on your next Billing Date (as defined below) unless they delete their account or are removed from your Team by you or an Administrator prior to the Billing Date. Three (3) days prior to the Billing Date, UCC will notify via email the billing contact associated with your UCC Team account of the number of additional people and the associated subscription fees. The applicable “Billing Date” is as follows: (i) if you are on a monthly subscription, the date of your next monthly renewal; (ii) if you are on an annual subscription, every 3 months after the start date of your subscription. Subscription fees for additional people on your Team will be in accordance with the UCC for Teams Pricing(opens in a new tab or window). You will not receive a refund or credit for removing people from your Team that have already been paid for.

The Pay as You Grow model allows you to scale your Team as needed and reconcile costs for anyone who has joined your Team but will no longer need access to the Service before you are billed for them.

c. Taxes. Your subscription fees are inclusive of all taxes unless otherwise specified in an agreement with UCC, within the Service or on an applicable invoice. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your subscription charge.

d. Cancellation. You can stop using the Service and/or cancel your subscription at any time via your account settings. If you cancel your subscription you will not be entitled to a refund of any fees already paid and any outstanding fees will become immediately due and payable.

e. Free Trials and Pilots. UCC may offer you a free trial or pilot to allow you to try our Service. UCC reserves the right to set eligibility requirements and the duration for free trials and pilots.

At the end of your free trial, UCC will charge the relevant subscription fee for the next billing cycle to your nominated payment method, unless you cancel your subscription prior to the end of the free trial. If you have access to a pilot, your access to the Service will cease if you do not enter into a paid subscription prior to the end of the pilot period.

f. Changes to Pricing. UCC reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal or thirty (30) days after notice, whichever is later.

UCC’s Intellectual Property Except as expressly set out in these Terms, all intellectual property rights in and to the Service and Licensed Content remain the sole property of UCC and its licensors. You assign to UCC any suggestions, ideas, enhancement requests, or other feedback you provide to UCC relating to the Service or UCC’s products. UCC owns all content, data, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Service and its products.

We get great ideas about how to improve UCC from our users. If you share feedback or ideas with us, you’re letting us use that information to improve UCC, and we own any of those improvements we make.

Warranty Disclaimer. The Service is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, UCC, its licensors, and its suppliers, expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. UCC does not warrant that your use of the Service will be uninterrupted or error-free. UCC does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that use of the Service necessarily involves transmission of your data over networks that UCC does not own, operate, or control, and that UCC is not responsible for any of your data lost, altered, intercepted or stored across such networks. UCC will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside UCC’s reasonable control.

We offer the Service as-is and can’t be responsible for things outside of our control.

Third Party Services. You may elect to use the Service in conjunction with third-party websites, platforms or apps (“Third Party Service(s)”). Your use of a Third Party Service is subject to the terms and conditions applicable to that Third Party Service. UCC makes no representations or warranties in relation to Third Party Services and expressly disclaims all liability arising from your use of Third Party Services.

Within UCC, you can use apps created by third parties. Those apps might have their own set of terms that apply to you and because the apps were created by third parties, we can’t be responsible for them.

Your Indemnity Obligations You agree, to the extent permitted by law, to defend, indemnify and hold harmless UCC and its affiliates, officers, directors, agents, licensors and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your User Content.

If UCC suffers harm due to your content or your violation of these Terms, or if someone tries to hold UCC responsible for your content or your violations, you’ll be responsible for any costs incurred by UCC and defending UCC.

Limitation of Liability In no event shall either party’s aggregate cumulative liability hereunder (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) exceed the greater of (i) $100 USD or (ii) the subscription fees paid by you to UCC during the twelve-month period preceding the event or occurrence giving rise to such liability. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘restrictions on use of the service.’

In no event shall either party be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, lost business or lost profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘restrictions on use of the service.’

UCC is not responsible for, and assumes no liability for, the contents of User Content.

These terms do not affect consumer rights that cannot by law be waived or limited. These terms do not exclude or limit liability arising out of either party’s gross negligence, fraud or willful misconduct.

Term and Termination a. Term. These Terms shall take effect the first time you access the Service and shall continue in full force and effect until i) if you are a paid subscriber, the expiration or termination of your subscription; or ii) if you are using UCC’s free offering, when your account is deleted or terminated.

b. Violations. If UCC, in its reasonable discretion, determines that you or your use of the Service, your User Content, or your Designs violate these Terms, including but not limited to, UCC’s Acceptable Use Policy, the Section entitled ‘Restrictions on Use of the Service,” or the Section entitled “Anti-discrimination,” (any of which is considered a “Violation”) UCC may take one or more of the following actions: (i) delete the prohibited User Content or Designs; (ii) suspend your access to the Service; (iii) terminate and delete your account along with all Designs and User Content associated with that account (iv) permanently ban you from using the Service; and/or (v) disclose the prohibited User Content or Designs to appropriate government authorities.

If you break the rules, we have the right to remove you and everything in your account from the Service.

c. Effect of Termination. In the event of termination of your subscription for cause due to default by UCC, UCC shall refund, on a prorated basis, any prepaid fees for the Service for the period beginning on the effective date of termination through the end of your then-current subscription. In the event of a termination of your subscription to a violation by you, you will not receive any refund and shall immediately pay any outstanding fees for the remaining period of your subscription.

Upon any expiration or termination of your Subscription, you must cease using the Service. You will lose access to your Designs, User Content, and any other information uploaded to the Service (and we may delete all such data unless legally prohibited) after expiration or termination of Your Subscription. User Content included in any shared Design will continue to available within that Design even after the expiration of Your Subscription. Unless your account was terminated due to a Violation, you can download or export your User Content and Designs using the functionality of the Service prior to the expiration or termination of your subscription. If your account has been terminated due to a Violation, you may not create a new account on any UCC Service unless you receive UCC’s written permission.

d. Survival of Terms. Sections titled “Term and Termination,” “Billing,” “UCC’s Intellectual Property,” “Limitation of Liability,” “Indemnification,”and “Miscellaneous” inclusive, shall survive any expiration or termination of these Terms.

Miscellaneous a. Compliance with Applicable Law. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with your use of the Service. UCC agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with its provision of the Service.

b. Governing Law and Venue. These Terms will be governed by and construed in accordance with the laws of the State of California, USA, without regard to any conflict of laws provisions.

c. Export Restrictions. The Service is subject to trade sanctions and laws and regulations that govern the import, export, and use of the Service. These laws or regulations may prohibit UCC from providing you the Service or require that we discontinue making it available to you without notice. By using the Service you agree to comply with all trade sanctions, export and import laws, and regulations and warrant that (i) you are not prohibited from accessing the Service, and (ii) you will not make available the Service to anyone who is prohibited from accessing it under the laws or regulations of any jurisdiction.

d. Dispute Resolution. If you have a dispute arising out of these Terms, contact us here(opens in a new tab or window) first and we’ll attempt to work with you to resolve the dispute. In the event that we’re unable to resolve a dispute directly, you and UCC each agree to resolve any claim, dispute, or controversy (excluding any UCC claims for injunctive or other equitable relief) arising out of or in connection with these Terms and/or the Service (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. The arbitration will be conducted through videoconferencing or at an agreed location reasonably convenient to both parties. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator may include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless we agree otherwise, the arbitrator or a court may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and UCC are each waiving the right to a trial by jury or to participate in a class action. You and UCC each agree that any Claim filed with a court in the United States for any reason shall be filed in the United States District Court for the Northern District of California or the state courts of California in the County of Santa Clara.

e. UCC Contracting Entity. The UCC entity contracting with you under these Terms and the address to which you should send legal notices depend on where your billing address.

f. Assignment.You may not assign these Terms or any of your rights under these Terms without UCC’s consent except to any successor by way of a merger, acquisition, or change of control. UCC may transfer or assign any of its rights and obligations under these Terms, in whole or in part, at any time with or without notice.

g. Headings and Explanations. Headings used in these Terms and the explanatory boxes are provided for convenience only and will not in any way affect the meaning or interpretation of the Terms or any portion thereof.

h. Severability. If a particular provision of these Terms is found to be invalid or unenforceable, it shall not affect the other provisions and the Terms shall be construed in all respects as if that invalid or unenforceable provision had been limited or omitted to the minimum extent necessary.

i. Waiver. UCC’s express waiver or failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor affect UCC’s ability to enforce any provision thereafter.

j. Notices. All required notices to you will be sent to the email address associated with your account or through other legally permissible means.

k. DMCA. We respect the intellectual property rights of artists and content owners. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). For more information please read our Intellectual Property Policy(opens in a new tab or window).

l. EU Monthly Active Users. In accordance with requirements under the EU Digital Services Act, the average number of EU monthly active users between July 2023 - December 2023 on UCC was 19,669,179.

m. Changes to these Terms. We may modify these Terms (and any policies or agreements referenced in these Terms) at any time. We will post the most current version of these Terms on UCC.com. We will provide you with reasonable advance notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Service. We may provide you this notice via the Service and/or by email to the email address associated with your account. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.

n. Changes to the Service. UCC may add, change or remove features or functionality to the Service; modify or introduce limitations to storage or other features; or discontinue the Service altogether at any time. If you are on a paid subscription and UCC discontinues the Service you are using during your subscription, UCC will migrate or make available to you a substantially similar service provided by UCC (if available) and if it’s unable to do so, UCC will provide you a pro-rata refund of fees prepaid for the remaining period of your subscription.

o. Entire Agreement. These Terms and the terms and policies referenced herein constitute the entire agreement between you and UCC with respect to the Service. These Terms supersede any prior representations, agreements, or understandings between you and UCC, whether written or oral, with respect to the Service including previous versions of the Terms. All terms, conditions or provisions on a purchase order shall be of no force and effect notwithstanding any acceptance of such purchase order. The English version of these Terms will control.

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Last updated 7 months ago