Terms of Service

1. Agreement

These Terms of Service ("Terms") are a legally binding agreement between you and Christian Herbie Clarke, doing business as Herbie Creative, for your access to and use of Card-o-Bot ("Card-o-Bot," "we," "us," or "our"). Card-o-Bot includes the website, console, account system, AI chat, image generation, card storage, APIs, and related features available at cardobot.com, herbiecreative.com/cardobot, or related Card-o-Bot pages.

By accessing or using Card-o-Bot, you agree to these Terms and the Card-o-Bot Privacy Policy. If you do not agree, do not use Card-o-Bot.

2. Relationship to Other Terms

These Terms supplement the Herbie Creative site-wide Terms of Service. If these Card-o-Bot Terms conflict with the site-wide terms for Card-o-Bot, these Card-o-Bot Terms control. Third-party services, including Google and OpenAI, also have their own terms that may apply to your use of their functionality.

3. Eligibility and Accounts

• You must be at least 13 years old to create an account or use interactive Card-o-Bot features.
• If you are under 18, you must have permission from a parent or legal guardian.
• You must provide accurate account information and keep your login credentials secure.
• You are responsible for all activity under your account.
• We may suspend or terminate accounts that violate these Terms or create risk for Card-o-Bot, users, service providers, or Herbie Creative.

4. What Card-o-Bot Does

Card-o-Bot helps users create fictional trading-card-style concepts, text, and images through AI-assisted chat and image generation. Card-o-Bot is a creative tool. It is not a legal, financial, medical, professional, factual, or safety-critical advice service.

5. Your Inputs

You retain ownership of prompts, messages, uploads, names, text, and other content you submit to Card-o-Bot, to the extent you own them. By submitting content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, process, transmit, display, modify, and use that content as needed to operate, secure, troubleshoot, and improve Card-o-Bot, to generate and deliver AI outputs, to produce and promote the cards and materials described in Section 6, and to enforce these Terms.

You represent that you have all rights needed to submit your content and that your content does not violate law, privacy, publicity, intellectual property, contract, or other rights.

6. Your Cards, AI Outputs, and the License You Grant Us

You own your cards. Subject to these Terms and applicable third-party terms, we do not claim to transfer ownership of the card text or images Card-o-Bot returns to you away from you to any other party. You remain free to use, sell, print, share, or modify your cards, at your own risk and responsibility.

License to Card-o-Bot. By using Card-o-Bot, you grant Christian Herbie Clarke, Herbie Creative, and Card-o-Bot a perpetual, irrevocable, worldwide, royalty-free, transferable, and fully sublicensable license to use, copy, reproduce, host, store, display, perform, distribute, publish, broadcast, translate, modify, remix, adapt, and create derivative works from the prompts, card text, card artwork, card metadata, saved cards, and other AI outputs you create in Card-o-Bot, in any medium now known or later developed. This license includes, without limitation, the right to:

• Feature your cards in Card-o-Bot or Herbie Creative marketing, advertising, social media, email, editorial, press, case-study, educational, training, and promotional materials.
• Curate and publish your cards in card packs, collections, themed releases, compilations, showcases, galleries, and downloadable or printed sets, free or paid.
• Produce and sell merchandise, prints, stickers, apparel, playable decks, digital goods, and other products based on your cards.
• Modify, remix, edit, re-render, re-style, recolor, combine with other content, or create derivative works from your cards.
• Display your cards alongside a username, display name, generated handle, or no identifying credit at our discretion.

This license survives termination of your account, deletion of your cards from the app, and any future change to Card-o-Bot. To the fullest extent permitted by law, you waive any right of attribution, consultation, approval, prior notice, or additional compensation for our use of your cards or AI outputs under this license. We may grant the same rights to our service providers, partners, and successors.

Your responsibility for outputs. AI outputs may be inaccurate, incomplete, offensive, similar to content generated for other users, or similar to existing works, brands, characters, styles, or public figures. We do not guarantee originality, registrability, copyrightability, non-infringement, commercial suitability, marketplace acceptance, or exclusive rights in any AI output. You must independently review outputs before using them, especially for public, commercial, printed, client, portfolio, or promotional use.

Removal. We may remove, edit, decline to feature, or stop using any card at any time at our sole discretion, including for moderation, legal, branding, or quality reasons. Removal from Card-o-Bot or from our marketing is not a waiver of the license above for cards already used.

7. Prohibited Content and Conduct

You agree not to use Card-o-Bot to create, request, upload, store, publish, or distribute content or activity that:

• Is illegal, exploitative, abusive, harassing, threatening, defamatory, fraudulent, or deceptive.
• Sexualizes minors, exploits children, or endangers any person.
• Promotes self-harm, violence, terrorism, extremist activity, or instructions for wrongdoing.
• Violates privacy, publicity, copyright, trademark, trade secret, or other rights.
• Impersonates others or falsely suggests endorsement, affiliation, authorship, or sponsorship.
• Contains malware, credential theft, phishing, spam, scraping, or automated abuse.
• Attempts to bypass rate limits, access controls, moderation, authentication, or security measures.
• Places unreasonable load on Card-o-Bot or uses the service to build a competing service without permission.

We may remove content, restrict features, suspend accounts, or report activity when we believe these rules are violated.

8. Intellectual Property

Card-o-Bot, Herbie Creative branding, site design, console interface, source code, logos, characters, system prompts, workflows, documentation, and non-user content are owned by Christian Herbie Clarke / Herbie Creative or licensors and are protected by copyright, trademark, and other laws.

These Terms do not give you ownership of Card-o-Bot itself. You may not copy, reverse engineer, scrape, clone, resell, sublicense, or commercially exploit the app, code, interface, systems, or branding except as expressly allowed by us in writing.

9. Third-Party Services and Google Account Integration

Card-o-Bot relies on third-party providers such as OpenAI for AI text and image generation, Google for sign-in and optional Drive / Photos export, and hosting or infrastructure providers for delivery and storage. Their services may change, fail, produce errors, restrict content, or be unavailable. We are not responsible for third-party terms, policies, outages, moderation decisions, or processing outside our control.

Google sign-in (required for Google login). When you sign in with Google, we request the openid, email, and profile scopes. Google returns your Google account ID, primary email address, name, and profile picture URL so we can create or match your Card-o-Bot account and display your profile. We do not read your Gmail, contacts, calendar, or other Google data with these scopes.

Optional Google Drive and Photos export (opt-in per feature). If Card-o-Bot offers features that save your cards to your own Google Drive or Google Photos, you may be asked to grant the additional scopes https://www.googleapis.com/auth/drive.file and https://www.googleapis.com/auth/photoslibrary.appendonly. Under Google's rules:

• drive.file lets Card-o-Bot create and manage only the card files it saves for you in your Drive. Card-o-Bot cannot see, read, or modify other files in your Drive.
• photoslibrary.appendonly lets Card-o-Bot add card images to your Google Photos library. Card-o-Bot cannot see, read, edit, or delete your existing photos with this scope.

You can revoke these permissions at any time from your Google Account security page. Revoking will stop further Drive or Photos exports but will not automatically delete cards already copied to your Drive or Photos, and will not affect cards stored in Card-o-Bot.

Use of these Google features is also subject to Google's own terms and privacy policies, including Google's Privacy Policy and Google API Services User Data Policy. Card-o-Bot's use and transfer of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

10. Availability and Changes

Card-o-Bot may be updated, interrupted, limited, suspended, discontinued, or changed at any time. We may add, remove, or modify features, limits, models, storage behavior, account access, or generated output behavior without liability.

11. Fees and Paid Features

Card-o-Bot may currently be free or include free features, but we may add paid features, subscriptions, usage limits, credits, printing, downloads, or other purchases later. Any paid feature may have additional terms shown at purchase. Unless stated otherwise, fees are non-refundable except where required by law or expressly promised in writing.

12. Disclaimers

CARD-O-BOT IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AVAILABILITY, ACCURACY, AND RELIABILITY.

We do not warrant that Card-o-Bot will be uninterrupted, secure, error-free, free of harmful components, or that outputs will meet your needs or be legally safe for any particular use.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHRISTIAN HERBIE CLARKE, HERBIE CREATIVE, CARD-O-BOT, AND ASSOCIATED CONTRACTORS, SERVICE PROVIDERS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO CARD-O-BOT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR CARD-O-BOT IN THE 12 MONTHS BEFORE THE CLAIM OR (B) $100.

14. Indemnification

You agree to defend, indemnify, and hold harmless Christian Herbie Clarke, Herbie Creative, Card-o-Bot, and associated contractors, service providers, and affiliates from claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from your use of Card-o-Bot, your content, your outputs, your violation of these Terms, or your violation of law or third-party rights.

15. Termination

You may stop using Card-o-Bot at any time. We may suspend or terminate access at any time if we believe you violated these Terms, created risk, caused harm, or used Card-o-Bot in a way we do not permit. Sections that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute provisions.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of Illinois, United States, without regard to conflict-of-law rules. Before filing a claim, you agree to contact us and try to resolve the dispute informally for at least 30 days. Any legal action must be brought in the state or federal courts located in Cook County, Illinois, unless applicable law requires otherwise.

To the extent permitted by law, disputes must be brought individually and not as a class, consolidated, or representative action.

17. Changes to Terms

We may update these Terms as Card-o-Bot changes. When we do, we will update the "Last updated" date. Continued use after updated Terms are posted means you accept the updated Terms.

18. Contact

For questions about these Terms, contact:

Christian Herbie Clarke
Herbie Creative / Card-o-Bot
christian@herbiecreative.com