Terms of Service

1. Introduction and Acceptance

Welcome to BattleShirts ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the BattleShirts website, applications, and services (collectively, the "Service").

By creating an account, accessing, or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

IMPORTANT: These Terms contain provisions regarding user-generated content, intellectual property rights, and limitations of liability. Please read them carefully.

2. Service Description

BattleShirts is an AI-powered service that allows users to generate creative "battle" images featuring user-specified subjects and order custom printed merchandise featuring those images. The Service includes:

• AI image generation based on user prompts
• Purchase of "T-Shirt Tokens" that include image generation credits and merchandise redemption rights
• Print-on-demand merchandise fulfillment through third-party providers
• User accounts to manage generations, tokens, and orders

3. User Content and Responsibility

When you submit prompts or generate images through our Service, you represent and warrant that:

• You have the legal right to use any names, characters, or concepts you include in your prompts
• Your content does not infringe upon the intellectual property rights, privacy rights, or other rights of any third party
• Your content complies with all applicable laws and regulations
• You will not use the Service to create content that violates our Content Guidelines

We do not pre-screen all content before printing, and we rely on our printing partners' content review processes. Content that violates policies may be rejected at any stage, and no refunds will be issued for content rejected due to policy violations.

4. Intellectual Property Rights

4.1 Third-Party Intellectual Property

Many characters, names, logos, and other creative works are protected by copyright and trademark laws. This includes, but is not limited to:

• Characters from movies, TV shows, comic books, video games, and anime (e.g., Marvel, DC, Disney, Nintendo)
• Sports team names, logos, and player likenesses
• Celebrity names and likenesses
• Brand names, logos, and trademarks
• Song lyrics, book excerpts, and other copyrighted text

Using copyrighted or trademarked material without authorization is illegal and violates these Terms. Even if our AI generates an image based on your prompt, this does not grant you rights to use protected intellectual property.

4.2 Your Rights to Generated Content

Subject to your compliance with these Terms and applicable law, you retain rights to use images you generate through the Service for personal, non-commercial purposes. For commercial use, you are responsible for ensuring you have all necessary rights and clearances.

4.3 License to BattleShirts

By using the Service, you grant BattleShirts a non-exclusive, worldwide, royalty-free license to use, reproduce, and display your generated content for the purpose of providing and improving the Service, including sharing with our fulfillment partners to produce your orders.

5. Prohibited Content

You may not use the Service to create, generate, or order content that:

• Infringes intellectual property: Copyrighted characters, trademarked logos, or other protected material without authorization
• Contains hateful content: Promotes hatred or attacks individuals or groups based on race, ethnicity, gender, gender identity, sexual orientation, religion, age, disability, or other protected characteristics
• Depicts illegal content: Child exploitation material, terrorism, illegal activities, or content that violates any applicable law
• Contains obscene material: Pornography, explicit nudity, or sexually explicit content
• Promotes violence: Glorifies, promotes, or trivializes violent acts against individuals or groups
• Contains defamatory content: False statements that harm the reputation of individuals or entities

Our printing partners conduct their own content review and may reject orders that violate their policies. See our Content Guidelines for detailed information.

6. T-Shirt Tokens and Purchases

6.1 Token System

T-Shirt Tokens are digital credits that include:

• A specified number of AI image generations
• The right to redeem one custom printed item per token

Unused image generations do not expire and remain in your account. Tokens must be redeemed within 24 months of purchase.

6.2 Order Rejection and Token Restoration

If your redeemed order is rejected by our printing partner due to content policy violations:

• Your token will be restored to your account
• You may select a different design and redeem again
• We are not responsible for designs rejected by our printing partners

6.3 Refunds

Tokens are non-refundable except where required by law. If a printed product arrives damaged or defective, please contact us within 14 days for a replacement or account credit.

7. Indemnification

• Your use of the Service
• Any content you create, generate, or order through the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any claim that your content caused damage to a third party

8. SMS Text Messaging Terms

8.1 Consent to Receive Messages

By providing your phone number and opting in to SMS notifications — whether during checkout, in your account settings, or by texting START to our number — you expressly consent to receive text messages from BattleShirts. These messages may include:

• Order confirmations and shipping notifications
• Delivery updates
• Account security codes (multi-factor authentication)
• Promotional offers and product announcements (if you opt in to marketing messages)

8.2 Message Frequency and Rates

Message frequency varies based on your order activity and account settings. Message and data rates may apply depending on your mobile carrier and plan. BattleShirts does not charge for SMS messages, but your carrier's standard messaging rates apply.

8.3 Opting Out

You can opt out of SMS messages at any time by:

• Replying STOP to any message from BattleShirts
• Disabling SMS notifications in your account settings

After opting out, you will receive a one-time confirmation message. You may opt back in at any time by texting START or re-enabling SMS in your account settings.

8.4 Help

For help with SMS messaging, reply HELP to any message from BattleShirts, visit battleshirts.com/support, or email [email protected].

8.5 Carrier Liability

Carriers (e.g., AT&T, T-Mobile, Verizon) are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission from your network.

8.6 Privacy

Your phone number and SMS opt-in data will not be shared with third parties for their marketing purposes. For details on how we handle your phone number, see our Privacy Policy.

9. User Content License

8.1 Definition of User Content

"User Content" means any content you create, submit, or generate through the Service, including but not limited to:

• Battle prompts and text descriptions you enter
• AI-generated images created based on your prompts
• Photographs you upload (including selfies for the "Selfie Battle" feature)
• Reviews, comments, and feedback you submit
• Any modifications or derivatives of the above

8.2 License Grant

This license allows us to use your User Content for purposes including, but not limited to:

• Marketing and Promotion: Featuring your battles in galleries, promotional materials, advertisements, and marketing campaigns across all media
• Social Media: Sharing on our social media accounts, websites, and partner platforms
• Service Improvement: Using content to train, improve, and develop our AI models and generation algorithms
• Gallery Features: Displaying in our "Top 10," trending, and featured battle galleries
• Third-Party Partnerships: Sharing with partners, affiliates, and licensees

8.3 Duration of License

This license is perpetual and irrevocable for any User Content that has been:

• Featured in our galleries, marketing materials, or promotional campaigns
• Used to train or improve our AI models
• Shared on social media or with third parties
• Incorporated into derivative works

For User Content that has not been featured or marketed, the license terminates when you delete your account, except as required to fulfill legal obligations or maintain system backups.

8.4 User Representations and Warranties

By submitting User Content, you represent and warrant that:

• You own or have obtained all necessary rights, licenses, consents, and permissions to submit the User Content and grant the licenses described herein
• For any photographs containing identifiable individuals, you have obtained their express consent for the uses described in Section 8.2
• The User Content does not violate any applicable laws, regulations, or third-party rights
• The User Content is not defamatory, obscene, or otherwise objectionable

8.5 Content Moderation and Featuring

We reserve the right, but are not obligated, to:

• Review, screen, or moderate any User Content
• Feature, highlight, or promote any User Content at our sole discretion
• Remove, refuse, or disable access to any User Content for any reason
• Modify User Content as necessary for display across different formats and platforms

8.6 No Compensation

You acknowledge and agree that:

• The ability to use the Service constitutes adequate consideration for the license granted herein
• You will not receive any compensation, credit, or royalties for any use of your User Content by BattleShirts or its partners
• We are under no obligation to use, display, or feature any User Content

8.7 DMCA Compliance

If you believe any User Content infringes your intellectual property rights, please contact us at [email protected] with a DMCA takedown notice as described in Section 11 below.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BATTLESHIRTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Any content generated through the Service
• Rejection of orders by our printing partners
• Unauthorized access to your account
• Third-party claims related to your content

Our total liability for any claims arising from the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

11. Copyright Complaints (DMCA)

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe content on our Service infringes your copyright, please send a notice to our designated agent with:

• Identification of the copyrighted work
• Identification of the infringing material
• Your contact information
• A statement of good faith belief
• A statement of accuracy under penalty of perjury
• Your physical or electronic signature

Contact: [email protected]

12. Account Termination

We may suspend or terminate your account at any time for:

• Violation of these Terms or our Content Guidelines
• Repeated content policy violations from our printing partners
• Suspected fraudulent activity
• At our sole discretion with or without cause

Upon termination, unused tokens and generations may be forfeited. You may appeal by contacting support.

13. Governing Law and Disputes

These Terms shall be governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property matters.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

15. Contact Us

If you have questions about these Terms, please contact us at: [email protected]