About these Terms
These Terms & Conditions (“Terms”) govern access to and use of the Spicy Cards website and web-based game experience (the “Service”), and the purchase of the Spicy Cards subscription-based digital product (“Spicy Cards”). By accessing, browsing, purchasing, or using the Service, the Customer (“you”) agrees to these Terms.
Definitions
- Access Link: The content access link made available after successful payment, including the link provided through the Gumroad receipt email.
- Billing Period: The paid subscription period selected at checkout, such as 1 month, 6 months, or 12 months.
- Content: All software, code, text, questions, prompts, graphics, UI, audio, video, and other materials made available via the Service.
- Order: A completed subscription transaction for Spicy Cards via the checkout provider.
- Merchant of Record: The entity responsible for processing the transaction, including payment handling and refund or chargeback processing, as described in these Terms.
- Subscription: A recurring paid plan that provides access to Spicy Cards for the applicable Billing Period until cancelled or otherwise ended under these Terms.
Eligibility and acceptable use
Age and suitability. Spicy Cards may include adult themes and is intended for an adult audience. Use of the Service is permitted only where lawful.
Authority to agree. If the Service is used on behalf of a business or organization, the individual using the Service represents that they have authority to bind that entity to these Terms.
Acceptable use. The Service must not be used to:
- break any law or regulation;
- harass, threaten, defame, or violate the rights of others;
- upload, transmit, or enter content that is unlawful, infringing, or abusive;
- interfere with the Service, attempt to bypass security, probe or scan systems, or introduce malware;
- scrape, copy, reverse engineer, decompile, or attempt to extract source code except where expressly permitted by mandatory law;
- resell, sublicense, share, distribute, or publicly display Spicy Cards or the Access Link in a way not permitted by these Terms.
The Service and gameplay inputs
Gameplay inputs. Spicy Cards uses gameplay inputs such as player names and in-game selections to provide gameplay features (for example scoring, progression, and session flow). As part of normal gameplay, this information is stored locally in the browser on the device being used and is not collected by us.
No sensitive data. The Service is not intended to collect sensitive personal data through gameplay fields. Individuals should avoid entering sensitive or confidential information into player fields or prompts.
Session responsibility. The Customer is responsible for what is entered during gameplay and for ensuring any participants consent to participating in the session.
License and ownership
Ownership. The Service and all Content are owned by Materia Creative Collective or its licensors and are protected by intellectual property laws.
License to the Customer. Subject to these Terms and successful payment, Materia Creative Collective grants the Customer a limited, personal, non-exclusive, non-transferable, revocable license to access and use Spicy Cards for private, non-commercial purposes.
Restrictions. The license does not allow the Customer to:
- copy, reproduce, distribute, sell, sublicense, or commercially exploit Spicy Cards or the Content;
- remove or obscure copyright, trademark, or proprietary notices;
- make Spicy Cards available to others as a hosted service or through shared public links.
Feedback. If the Customer provides feedback or suggestions, Materia Creative Collective may use them without restriction or obligation, unless prohibited by law.
Access delivery and availability
Digital delivery. After successful payment, access is delivered digitally through the Gumroad receipt email and its content access link.
Access term. Access remains available during the active paid Billing Period. If the Subscription is cancelled, access continues until the end of the then-current Billing Period unless a refund is approved or access is suspended under these Terms.
Access Link security. The Customer is responsible for maintaining the security of the Access Link and the email account used to receive it. Sharing the Access Link publicly or using it to redistribute access is not permitted.
Service availability. The Service may be updated, modified, suspended, or discontinued (in whole or in part) to maintain security, comply with law, or improve functionality. Planned changes may not always be announced in advance.
Payments, subscriptions, and taxes (Gumroad)
Checkout provider. Payments are processed via a Gumroad checkout overlay. Gumroad acts as the Merchant of Record for transactions, which means Gumroad processes the Customer’s payment and handles transaction functions such as recurring billing, refunds, and chargeback processing, subject to its policies and procedures.
Subscription billing. Spicy Cards is sold as a recurring subscription. By purchasing, the Customer authorizes recurring charges for the selected plan until the Subscription is cancelled.
Cancellation. The Customer may cancel future renewals through Gumroad's subscription management tools. Cancellation stops future billing but does not normally create an automatic refund for the current Billing Period.
Failed renewal payments. If a renewal payment cannot be processed and the Subscription is not renewed, access may end when the current paid Billing Period expires.
Order information. Materia Creative Collective receives limited order details required to deliver access and provide support (for example order identifiers, purchaser email, selected plan, and subscription status).
Taxes and billing details. Where applicable, billing details may be collected during checkout to support receipts and tax compliance handled by the Merchant of Record.
Refunds and chargebacks
Refund Policy. Refund requests are handled according to the Refund Policy published on the site. The Refund Policy is incorporated into these Terms by reference.
No automatic refund on cancellation. Cancelling a Subscription stops future renewals but does not normally create an automatic refund or prorated refund for the current Billing Period.
Chargebacks. Before initiating a chargeback or payment dispute, the Customer should contact support at contact@spicy-cards.com to allow investigation and resolution. If a chargeback is filed, the dispute process will follow the payment provider’s procedures and evidence requirements.
Statutory rights and digital content acknowledgment
Mandatory consumer rights. Nothing in these Terms limits any mandatory consumer rights that apply under the laws of the Customer’s country of residence.
Immediate digital delivery. Spicy Cards is delivered digitally and access is provided immediately after purchase. Where local law requires consent and acknowledgment for immediate performance of digital services or supply of digital content, such consent and acknowledgment may be obtained during checkout. Where permitted by law, cancellation or “cooling-off” rights may not apply once digital delivery has begun, even where the Subscription later renews automatically until cancelled.
Privacy and cookies
Personal data is processed in accordance with the Privacy Policy published on the site. The Privacy Policy is incorporated into these Terms by reference.
Third-party services and links
The Service relies on third-party services including Gumroad for checkout and subscription functions, and Google Analytics where analytics is enabled by consent. Third-party terms and policies may apply.
Disclaimer of warranties
Service provided as available. To the maximum extent permitted by applicable law, the Service and Content are provided on an “as is” and “as available” basis.
No guarantees. Materia Creative Collective does not guarantee uninterrupted access, error-free operation, or that the Service will meet all expectations or be compatible with all devices, browsers, extensions, or network environments.
Technical variability. Performance may be affected by factors outside the Service, including device configuration, operating system, browser version, extensions, local network restrictions, VPN or firewall settings, and email filtering.
Some jurisdictions do not allow certain warranty disclaimers. In those jurisdictions, disclaimers apply only to the extent permitted by law.
Limitation of liability
Indirect damages excluded. To the maximum extent permitted by law, Materia Creative Collective is not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunities.
Liability cap. To the maximum extent permitted by law, Materia Creative Collective’s total liability for any claim arising out of or relating to the Service or these Terms will not exceed the amount paid by the Customer for Spicy Cards in the Order giving rise to the claim.
Consumer protections. Nothing in these Terms excludes liability that cannot be excluded under applicable law (for example liability for intentional misconduct, or mandatory consumer protections where applicable).
Indemnity
To the maximum extent permitted by law, the Customer agrees to indemnify and hold harmless Materia Creative Collective from claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from: (a) misuse of the Service, (b) violation of these Terms, or (c) unlawful or infringing content entered or shared by the Customer.
Termination and enforcement
Termination. Materia Creative Collective may suspend or terminate access to the Service if there is a material breach of these Terms, suspected fraud, abuse, unlawful activity, or a security risk.
Effect of cancellation or termination. If the Customer cancels, access normally continues until the end of the current paid Billing Period. If access is suspended or terminated for breach, fraud, abuse, or security reasons, access may end earlier where permitted by law.
Survival. Sections intended to survive termination survive, including ownership, disclaimers, limitation of liability, indemnity, and governing law.
Changes to these Terms
These Terms may be updated from time to time. The “Last updated” date indicates when the Terms were last revised. Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.
Governing law and jurisdiction
Governing law. These Terms are governed by the laws of the Republic of Serbia, without regard to conflict of laws rules, except where mandatory laws of the Customer’s country of residence apply.
Jurisdiction. Courts in Serbia will have jurisdiction over disputes arising out of or relating to these Terms, except where mandatory consumer protection rules require a different forum.
Miscellaneous
Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
No waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
Assignment. The Customer may not assign rights or obligations under these Terms without prior written consent. Materia Creative Collective may assign these Terms as part of a business transfer.
Entire agreement. These Terms, together with the Refund Policy and Privacy Policy, form the entire agreement regarding the Service and supersede prior communications on the subject.
Contact
For support, legal notices, or questions about these Terms: contact@spicy-cards.com.