Terms of Service

Terms of Service

**Brand:** With A Trace **Version:** 1.0 **Effective Date:** [EFFECTIVE DATE] **Operator:** [LEGAL ENTITY NAME] (“With A Trace,” “we,” “us,” or “our”) **Contact:** [CONTACT EMAIL] **Business address:** [BUSINESS ADDRESS]

These Terms of Service (the “Terms”) govern your request for, purchase of, and use of With A Trace’s bespoke wedding playing-card services and related website (the “Services”). By submitting a commission request, checking an acceptance box, providing a payment method, or otherwise indicating agreement, you accept these Terms and the policies they incorporate.

These Terms incorporate the then-current:

• Privacy Policy
• Refund and Cancellation Policy
• Shipping and Production Policy
• Payment Authorization

If there is a conflict between these Terms and the specific written order, checkout, or acceptance terms shown to you at the time you submit or we accept your commission, **those specific written terms control** for that commission.

You should save a copy of the version you accept. The version accepted for a commission governs that commission unless we both agree otherwise in writing.

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1. Who these Terms are for

The Services are for adult purchasers. You represent that you are at least 18 years old and have authority to enter this agreement and to authorize charges to the payment method you provide.

If you submit a request for a couple, wedding party, or other household, you represent that you are authorized to do so and to bind the paying customer.

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2. What we do

With A Trace creates bespoke wedding playing-card decks based on a couple’s relationship, people, places, memories, wedding, and story. The work is customized artwork combined with physical playing-card manufacturing.

A typical commission is a custom 54-card deck and custom tuck box, intended primarily as wedding favors and keepsakes.

We may use employees, independent designers, contractors, software tools, printers, manufacturers, shipping carriers, payment processors, and other vendors to review, create, and fulfill commissions. That does not create a contract between you and those third parties. We remain the party responsible to you under these Terms.

Portfolio examples, sample decks, and website imagery are illustrative. They do not promise an identical artistic result.

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3. Editions, pricing, and what your order controls

We currently offer two editions. Current standard pricing and creative scope are described below. **If pricing, quantity, inclusions, or timing are stated differently on the order page or written confirmation you accept, that specific writing controls** over this general description.

### Unveiled Edition

If you complete both design and manufacturing under current standard terms, the total is $4,500:

• $1,500 design fee if we accept the commission
• $3,000 production fee after you approve artwork and elect to manufacture

Current Unveiled creative scope:

• Hearts suit illustrated A–K
• custom Aces
• custom Jokers
• custom card backs
• two additional couples-game cards
• two included revision rounds
• other suits 2–10 are not individually illustrated

### Avowed Edition

If you complete both design and manufacturing under current standard terms, the total is $7,500:

• $2,500 design fee if we accept the commission
• $5,000 production fee after you approve artwork and elect to manufacture

Current Avowed creative scope:

• all suits illustrated / full-deck creative treatment
• priority production
• founder oversight / enhanced communication
• optional Thank-You Joker may be offered
• two included revision rounds unless we expressly state otherwise in writing

We may change future website pricing. A change does not alter a commission already accepted under a prior written price.

Deck quantity is **not** a blanket entitlement in these Terms. Marketing may refer to quantities of up to approximately 250 decks depending on edition and order terms. **The quantity on your written order confirmation controls.** Additional decks, if available, require a price agreed in writing before production.

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4. Commission requests and our review

You may submit a short commission request with information such as names, email, phone number, wedding date, expected deck quantity or guest count, shipping destination, country if outside the United States, and optional notes.

Submitting a request is an offer to us. **It is not our acceptance, and it is not a charge.**

We personally review each request. We aim to respond within 72 hours. That 72-hour period is our **normal review target**, not an absolute deadline or guarantee. Events outside our reasonable control, incomplete information, unusual volume, or the need to review submitted content may extend the time.

We may accept or decline any request, including for schedule, capacity, creative fit, legal, ethical, production, quality, or other legitimate business reasons.

If we decline:

• no design fee is charged
• we will not charge the saved payment method for that commission

If we accept, the design fee may be charged as described in Section 5 and in the Payment Authorization.

After acceptance and successful payment of the design fee, creative work begins. You then complete a more detailed relationship and story assessment, we create artwork, you use your included revision rounds, and you approve a final proof before any manufacturing.

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5. Payment

Payment is processed by Stripe. We do not store complete card numbers. We may receive payment identifiers, statuses, and related metadata.

The initial Stripe interaction collects, validates, and saves a payment method for later use. **No design fee is charged at submission.** There is no design-fee authorization hold at submission.

By submitting, you authorize us to charge the applicable design fee to that saved payment method **only if we accept the commission**, including as an off-session charge without your returning to checkout. Current standard design fees are $1,500 (Unveiled) and $2,500 (Avowed), unless your order page states a different amount.

No production fee is charged merely because a design is accepted. The applicable production charge is collected later, after you approve artwork and **affirmatively elect** to manufacture.

You must keep payment information current. A charge may fail or require additional authentication. If a charge fails, we may pause acceptance or work until payment is resolved. If it is not resolved in a reasonable time, we may withdraw acceptance or terminate the commission.

Details are in the Payment Authorization. Refunds are governed by the Refund and Cancellation Policy.

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6. Revisions and approval

Unless your written order says otherwise, the design fee includes **two revision rounds**.

A revision round is one consolidated set of written change requests on the then-current direction or proof — not an unlimited series of individual comments treated as separate rounds. We often absorb small clarifications without counting them.

Material scope changes, a new concept, additional illustrated cards, a change of edition, or extra rounds beyond those included may require additional fees. We will disclose and agree those fees with you before performing chargeable extra work.

You are responsible for reviewing names, dates, spelling, titles, artwork, colors, copy, likenesses, and other details before you approve.

Your approval of a final proof is your authorization to proceed from **that exact version**. If you later elect manufacturing, production is based on the approved proof.

Errors in names, dates, spelling, or other details that you supplied or approved may not qualify for free reprinting.

We will address manufacturing defects or our own material errors through a reasonable remedy as described in the Shipping and Production Policy.

Digital proofs and screens will not match physical print exactly. Small variation in color, trim, texture, stock, finish, and similar attributes is normal in printed playing cards and is not a defect.

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7. Creative discretion

This is a bespoke creative service, not a customer-operated design tool.

You provide stories, photographs, references, preferences, people, places, objects, and other source material. We retain reasonable artistic discretion in translating that material into a coherent deck, including composition, stylization, color, emphasis, omission, and how a memory is represented on a card.

You may not require content that is unlawful, infringing, hateful, defamatory, obscene, exploitative, or otherwise inappropriate. We may refuse requested content that creates legal, ethical, production, or quality concerns.

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8. Your materials

You represent that you have the rights and permissions reasonably necessary to provide the photographs, names, stories, trademarks, artwork, logos, crests, likenesses, and other materials you submit, and to allow us to use them to create and fulfill your commission.

That includes professional photographs. Photographers usually retain copyright even in photographs of you. You are responsible for confirming you may share them with us.

Where a photograph includes another adult, you represent you have their permission as reasonably required. Where a photograph includes a child, you represent you have the authority of a parent or guardian.

You retain ownership of your underlying submitted materials.

You grant With A Trace a limited license to use those materials as reasonably necessary to review your request, create and revise artwork, communicate with you, manufacture (if elected), fulfill, and keep records of the commission.

This license does **not** allow us to feature your commission in our portfolio or marketing. That requires separate optional permission (Section 10).

If your materials create a claim, you will cooperate with us reasonably in responding. You are responsible for materials you did not have the right to provide.

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9. Our work and intellectual property

We retain ownership of our pre-existing tools, templates, methods, processes, prompts, workflows, design systems, software, and other background intellectual property. Nothing in a commission transfers those rights to you.

**Final custom artwork.** We own the custom artwork we create for your commission, including card faces, backs, lettering, and tuck-box art, except for your underlying submitted materials that remain yours.

You receive a personal, non-exclusive, perpetual license to use the finished deck and its artwork for your wedding and personal, non-commercial keepsake purposes, including enjoying, gifting, and displaying the physical decks, and reordering through us if we then offer reorders.

You may not use our artwork to manufacture competing decks, sublicense card faces as a commercial product, or claim authorship of our work. We do not sell your commission’s distinctive artwork to another couple as their deck.

We are not obligated to deliver working files, layered source files, or manufacturer print-ready packages unless we expressly agree in writing.

If you do not elect manufacturing, the design fee still covers the creative work performed. Any digital proofs we share are for your personal reference under the same personal license, not a grant of manufacturing rights.

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10. Portfolio and marketing

Your commission remains private unless you give us permission to feature it.

We will not treat these Terms as permission to publish photographs of your finished deck, names, or wedding details for advertising.

If we would like to show the work, we will ask separately. You may decline. Declining does not change your price, service, or deck.

Suggested optional consent (used only if you opt in separately, for example after approval or in your customer portal):

> I allow With A Trace to show photographs of our finished deck (cards, tuck case, and packaging) on its website, in its portfolio, and on social media. I choose whether our names may be used. This does not allow use of the photographs we uploaded or photographs of us or our family. I may withdraw this permission going forward by writing to [CONTACT EMAIL]. With A Trace may not be able to recall material already published.

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11. Production, shipping, quantity, and timing

Physical production and shipping are described in the Shipping and Production Policy.

Manufacturing does not begin until you have approved artwork, elected to manufacture, and the applicable production payment has succeeded.

Current typical specifications (poker-size cards of approximately 63 × 88 mm, custom tuck box, premium stock and finish) may evolve and are not guaranteed unless included in your written order.

Current manufacturing is performed by third-party production partners. Our typical internal production target after approval and production payment is approximately three weeks. That is an **estimate**, not a guaranteed delivery date. Shipping times are also estimates.

Your wedding date matters to planning. **We do not unconditionally guarantee arrival by a wedding date** unless we expressly give that guarantee in writing.

You must provide accurate shipping information and respond reasonably promptly to requests for information, revision feedback, and approvals. Your delays can shift the schedule. We are not responsible for delays caused by late or incomplete customer responses.

We will communicate material schedule changes when reasonably possible.

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12. Manufacturers, carriers, and contractors

We coordinate third-party manufacturers and carriers. Reasonable manufacturing variation can occur.

We remain responsible for managing your customer relationship and for seeking an appropriate remedy if a material manufacturing problem is our responsibility or our partner’s, as described in the Shipping and Production Policy. These Terms do not say we have no responsibility for work we arranged.

We may use employees, independent contractors, artists, developers, printers, and other providers. We will obtain from them the rights reasonably necessary to deliver the commissioned work to you under these Terms. Their involvement does not make them a party to your contract with us.

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13. How we contact you

You agree we may contact you by email and phone as reasonably necessary to review the commission, request information, provide project updates, resolve payment issues, coordinate production and shipping, and send transactional notices.

Providing a phone number is **not** consent to marketing texts. If we ever send marketing SMS, we will ask for that consent separately.

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14. Referrals

We may maintain referral or affiliate relationships where legally permitted. Material compensated endorsements or referrals will be disclosed where required. A referral does not change these Terms unless we say so in writing.

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15. Refusal, pause, and termination

We may decline a commission before acceptance.

We may pause or terminate work if you fail to pay, fail to cooperate reasonably, request unlawful, infringing, or abusive content, or engage in abusive or threatening conduct.

If we terminate for your nonpayment, non-cooperation, or misconduct after the design fee has been charged, that fee remains payable for work already authorized, except as required by law or as we expressly agree.

If we are unable to perform the commissioned design work before meaningful creative work begins, we will refund amounts you paid for work not performed, as described in the Refund and Cancellation Policy.

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16. Websites and availability

We do not guarantee uninterrupted or error-free website availability. Commission review, creative work, and production depend on information you provide and on third-party processors, manufacturers, and carriers.

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17. Disclaimers

To the fullest extent permitted by law, the Services are provided as a bespoke creative commission. We do not warrant that the artwork will match a subjective preference beyond the approved proof, or that printed output will identically match on-screen proofs.

We do not warrant third-party sites, Stripe’s services, manufacturers, or carriers except as we expressly state, though we will help pursue an appropriate remedy for material problems in work we arranged.

Some jurisdictions do not allow certain disclaimers. In that case, the disclaimer applies only to the extent permitted.

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18. Limitation of liability

To the fullest extent permitted by law:

We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost events, or emotional distress, even if we were advised they were possible.

Our total liability arising out of a commission is limited to the amounts you actually paid us for that commission.

These limits do not apply to liability that cannot be limited under applicable law, including liability for our fraud or willful misconduct, or for death or personal injury caused by our negligence where such a limit is prohibited.

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19. Governing law and disputes

These Terms are governed by the laws of [GOVERNING LAW STATE], without regard to conflict-of-law rules.

The state and federal courts located in [GOVERNING LAW STATE] will have exclusive jurisdiction, except that either party may seek injunctive or other relief in any court of competent jurisdiction to protect intellectual property or confidential information.

You and we will first attempt in good faith to resolve a dispute by writing to [CONTACT EMAIL].

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20. Electronic acceptance

Electronic acceptance, a checkbox, online submission, and electronic records may constitute your agreement. You consent to receive notices electronically at the email you provide.

The version of these Terms and the incorporated policies accepted at submission controls for that commission unless a later version is expressly agreed.

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21. Changes

We may update these Terms for future commissions. We will post the new version and effective date. Material changes apply to new acceptances and, where required, will be presented for agreement. They do not rewrite a version you already accepted for an existing commission.

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22. General

If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign the agreement without our consent. We may assign it in connection with a reorganization or sale of the business. These Terms are the entire agreement for the Services, together with the incorporated policies and your written order terms.

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23. Contact

[LEGAL ENTITY NAME] [BUSINESS ADDRESS] [CONTACT EMAIL]