Terms of service

Last updated: September 17, 2026

These Terms of Service ("Terms") govern your use of www.ourcade.com (the "Site") and your purchase of products from Ourcade, a brand of Pixel Framers LLC ("Ourcade", "we", "us" or "our"). By using the Site, placing an order, or signing up for our email or text messages, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Site.

Section 12 contains the terms of our text messaging program. Section 16 contains a binding arbitration agreement and a class action waiver. Please read both carefully.

1. Who can use the Site

You must be at least 18 years old, or the age of majority where you live, to place an order or sign up for marketing messages. By using the Site you confirm that you meet this requirement and that the information you give us is accurate.

2. Our products

We make personalized retro-style video games, delivered on a handheld device in custom packaging. Each product is made to order from the name, photo, description and other details you provide ("Personalization Content"). Because every item is created individually, colors, likeness and artwork are artistic interpretations and may differ from your photo and from images shown on the Site.

3. Personalization Content and previews

Your responsibility. You are responsible for the Personalization Content you submit. By submitting it, you confirm that: (a) you own it or have the right to use it; (b) you have the permission of every person who appears in it, or, for a child, that you are the child's parent or legal guardian or have that person's permission; and (c) it does not infringe anyone's rights and is not unlawful, obscene, hateful, harassing or defamatory.

License to us. You give us and our service providers a limited, non-exclusive, royalty-free license to use, reproduce, adapt and display your Personalization Content solely to create your preview, produce and deliver your order, and provide customer support. We will not use your photo or likeness in our advertising without your separate permission.

Previews and approval. Before you buy, we show you a preview of your personalized game. When you approve a preview and place your order, you are approving the artwork as shown. Please check names, spelling and likeness carefully, because we cannot change an order once production has started.

Our right to refuse. We may decline or cancel any order that we believe breaks these Terms, including content involving a person who has not consented, a trademark or character you do not have rights to, or content that is offensive or unlawful. If we cancel a paid order for this reason, we will refund it.

4. Orders and pricing

Prices are shown in US dollars and may change at any time before you place an order. Taxes are calculated at checkout. Your order is an offer to buy. We accept it when we send an order confirmation, and we may refuse or cancel an order for reasons such as a pricing or listing error, suspected fraud, or inability to produce the item. If we cancel an order you have paid for, we will refund it in full.

5. Payment

Payment is due at checkout and is processed by our third-party payment processors. You confirm that you are authorized to use the payment method you provide.

6. Production and shipping

Orders typically ship within 7 business days, to addresses in the United States only, using UPS or in some cases USPS. Production and delivery times are estimates, not guarantees. See our Shipping Policy for details. Risk of loss passes to you when we hand the order to the carrier. You are responsible for providing a complete and correct shipping address.

7. All sales are final

Every product is personalized and made to order, so all sales are final. We do not accept returns or exchanges and do not offer refunds for change of mind. You may cancel an order only before production begins.

If your order arrives damaged, defective, or materially different from the preview you approved, contact us at hello@ourcade.com within 14 days of delivery with your order number and photos of the problem. If we confirm the problem, we will repair or replace the item or, if we cannot, refund it. Nothing in this section limits any rights you have under applicable law that cannot be waived.

8. Safe use

Our handheld devices contain a rechargeable battery and small parts. Use and charge them as directed, keep them away from water and heat, and supervise young children. The products are not toys intended for children under 3.

9. Intellectual property

The Site, our games, software, artwork, packaging designs, logos and the Ourcade name are owned by us or our licensors and are protected by law. When you buy a product, you own that physical item and receive a personal, non-commercial license to use the game loaded on it. You may not copy, extract, modify, resell as your own, or distribute our software or artwork. You keep ownership of the photos and other Personalization Content you submit.

10. Acceptable use

You agree not to misuse the Site, including by interfering with its operation, attempting to access it by unauthorized means, using automated tools to scrape it or to generate previews in bulk, or submitting content that breaks Section 3.

11. Email marketing

If you subscribe to our emails, we will send you news, offers and updates. Every marketing email includes an unsubscribe link, and you can opt out at any time. We may still send you transactional emails, such as order confirmations and shipping updates. We send email through our service provider, Klaviyo.

12. Messaging Terms: text messages (SMS, MMS and RCS)

Program description. If you opt in to the Ourcade text messaging program (the "Program"), we may send you recurring automated marketing and informational messages at the mobile number you provide. Messages may include product launches, offers and promotions, cart reminders, order and shipping updates, and replies to your questions. Messages may be delivered as SMS, MMS or RCS (Rich Communication Services) messages, depending on your device and carrier, and are sent through our service provider, Klaviyo.

Opting in. You can join by entering your mobile number in a signup form on the Site, by checking the text message consent box at checkout, or by texting a keyword we advertise. By opting in, you confirm that you are the subscriber or customary user of the number and are at least 18 years old. Consent to receive marketing text messages is not a condition of any purchase.

Cost and frequency. We do not charge for the Program. Message and data rates may apply. RCS messages may use mobile data or Wi-Fi. Message frequency varies.

Opting out. You can cancel at any time. Reply STOP to any message. You may receive one final message confirming your opt-out, and you will then receive no further Program messages unless you opt in again.

Help. Reply HELP to any message for help, or contact us at hello@ourcade.com.

Carriers. The Program is available on most major US carriers. Mobile carriers are not liable for delayed or undelivered messages. If your device or carrier does not support RCS or MMS, you may receive the message as SMS or not at all. If you change or give up your number, reply STOP from that number first or tell us promptly.

Privacy. We handle Program information as described in our Privacy Policy. We do not sell, rent or share mobile phone numbers, text messaging opt-in data or consent with third parties or affiliates for advertising, marketing or promotional purposes.

The same terms are available on our Mobile Terms of Service page.

13. Disclaimers

Except as stated in Section 7, the Site and our products are provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Site will be uninterrupted or error-free, or that a personalized likeness will meet your subjective expectations.

14. Limitation of liability

To the fullest extent permitted by law, Ourcade and its owners, employees and service providers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits or data. Our total liability for any claim relating to the Site or a product will not exceed the amount you paid for the order giving rise to the claim. Some states do not allow certain limitations, so some of these may not apply to you.

15. Indemnification

You agree to indemnify and hold us harmless from claims, losses and expenses, including reasonable legal fees, arising from the Personalization Content you submit or from your breach of these Terms, including any claim that you did not have the rights or permissions described in Section 3.

16. Dispute resolution, arbitration and class action waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Talk to us first. If you have a concern, please contact us at hello@ourcade.com. You and we agree to try to resolve any dispute informally for at least 30 days before starting an arbitration.

Binding arbitration. If a dispute is not resolved informally, you and we agree that any dispute, claim or controversy between you and Ourcade, or between you and any service provider acting on our behalf, that arises out of or relates to the Site, our products, these Terms, or any email or text message you receive from us or on our behalf, will be resolved by binding arbitration rather than in court, to the fullest extent permitted by law. This includes claims based on federal or state statutes, such as telemarketing and consumer protection laws, common law claims, and disputes about the validity, scope or enforceability of this arbitration agreement.

How arbitration works. The arbitration will be conducted by a single neutral arbitrator and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect when the claim is filed, available at www.adr.org. The arbitration will take place in Monmouth County, New Jersey, or, at your choice, by telephone, by video or on written submissions, or at another location that is reasonably convenient for you. The arbitrator may award any individual relief that a court could award. The decision will be final and binding, and judgment on the award may be entered in any court with jurisdiction. Fees will be governed by the AAA rules. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Class action and jury trial waiver. You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. You and we each waive the right to a trial by jury and the right to participate in a class action.

Exceptions. Either of us may bring an individual claim in small claims court if it qualifies, and either of us may seek injunctive relief in court to stop misuse of the Site or infringement of intellectual property rights.

Severability. If any part of this section is found unenforceable, the rest will remain in effect, except that if the class action waiver is found unenforceable for a particular claim, that claim must be brought in court and not in arbitration. This section survives the end of your relationship with us.

17. Governing law

These Terms are governed by the Federal Arbitration Act and, to the extent not preempted, by the laws of the State of New Jersey, without regard to its conflict of law rules, except where the consumer protection laws of your state of residence require otherwise. Subject to Section 16, any claim permitted to proceed in court will be brought in the state or federal courts located in New Jersey.

18. Changes to these Terms

We may update these Terms from time to time. We will post the updated version on this page with a new "Last updated" date. The version in effect when you place an order applies to that order. Your continued use of the Site after a change means you accept the updated Terms.

19. General

If any part of these Terms is found unenforceable, the rest will remain in effect. Our failure to enforce a provision is not a waiver. These Terms, together with our Privacy Policy and Mobile Terms of Service, are the entire agreement between you and us about the Site and our products. You may not assign these Terms without our consent.

20. Contact

Pixel Framers LLC, doing business as Ourcade
2003 Atlantic Ave, Manasquan, NJ 08736, United States
hello@ourcade.com