Terms of Service

Effective September 14, 2026

These Terms of Service (“Terms”) govern your use of custompumpkin.com and the stencil service provided there (the “Service”). The Service is operated by Custom Pumpkin, a sole proprietorship based in Los Altos, California (“Custom Pumpkin,” “we,” “us”). By using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you may use it only with the permission and supervision of a parent or legal guardian, who agrees to these Terms on your behalf.

2. The Service

The Service turns images you upload into pumpkin carving stencils. It is provided free of charge. We may change, limit, suspend or discontinue any part of the Service at any time, for any reason, with or without notice, and without liability to you.

3. Your account

You sign in with a one-time code sent to your email address. You are responsible for keeping access to that email address secure and for everything done through your account. You can delete your account at any time from the Account page. We may suspend or delete your account, and any content associated with it, at any time and for any reason or no reason, with or without notice, and without liability to you.

4. Your content

“Your content” means the images you upload and the stencils and other material generated from them. You keep whatever rights you have in your content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, modify and display your content, solely to operate and provide the Service to you. This license ends when your content is deleted, except for copies kept for a limited time in backups.

You are solely responsible for your content. By uploading an image, you represent and warrant that:

• you own it or have all rights and permissions needed to upload it and have stencils made from it, including any copyright, trademark or other rights of others;
• you have the permission of any identifiable person shown in it (or of a parent or guardian, for a minor); and
• it does not violate any law or these Terms.

We do not review, monitor, verify or endorse content, and we have no obligation to do so. We are not responsible for any content uploaded by users, or for any use you make of stencils generated from it.

5. Acceptable use

You agree not to:

• upload content that is unlawful, infringing, defamatory, obscene, harassing or hateful, or that sexualizes or exploits minors;
• upload content you do not have the right to use;
• interfere with, overload or disrupt the Service, or attempt to gain unauthorized access to it or to other users’ accounts or content;
• use automated means to access or scrape the Service; or
• use the Service in violation of any applicable law.

6. Copyright complaints

We respect the rights of copyright owners. If you believe content on the Service infringes your copyright, send a notice to our designated agent at contact@custompumpkin.com that includes: your physical or electronic signature; identification of the copyrighted work; identification of the infringing material and enough information for us to locate it; your contact information; a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf. We may remove content and terminate the accounts of users who repeatedly infringe.

7. Carving safety

Stencils, previews and structural checks are generated automatically, are only a guide, and may be wrong. We make no promise about your pumpkin. A pumpkin carved from one of our stencils may crack, break, collapse, lose pieces, sag, rot or not look like the preview, and pumpkins vary in size, thickness and freshness in ways a stencil cannot account for.

Carving uses knives, saws and other sharp tools, and lighting a pumpkin can involve candles, flames or heat. These activities carry a risk of injury, fire and damage to property. You choose whether and how to carve and light a pumpkin, you are responsible for your own safety and that of anyone you let carve or be near the pumpkin, and adults should supervise children and handle sharp tools and flames themselves.

You use the Service, its stencils and anything you make with them entirely at your own risk. To the maximum extent permitted by law, Custom Pumpkin and its owner are not responsible or liable for any damaged, broken or failed pumpkin, or for any injury, illness, death, fire or damage to property arising from carving, lighting, displaying or otherwise using a pumpkin or a stencil, and you release them from any such claim.

8. No storage guarantee

The Service is not a storage or backup service. If you use it without an account, nothing is kept for you long term: your uploaded image and the stencil made from it are kept only while your visit lasts, so you can download it, and are deleted when your visit ends and in any case within a few hours. If you create a free account, we keep your stencils and a small thumbnail of each uploaded image (the full-size image is deleted once the stencil is made) so you can come back to them. Even then, any content may be deleted or lost at any time. Keep your own copies of anything you want to keep.

9. Disclaimer of warranties

The Service and all content and stencils are provided “as is” and “as available,” without warranties of any kind, express or implied, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy or availability. We do not warrant that any stencil is carvable, structurally sound or safe, or that any pumpkin carved from it will hold together. We do not warrant that the Service will be uninterrupted, secure or error-free, or that any content will be preserved.

10. Limitation of liability

To the maximum extent permitted by law, Custom Pumpkin and its owner will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, content, profits or goodwill, arising out of or relating to the Service or these Terms, even if advised of the possibility of such damages. Our total liability for all claims arising out of or relating to the Service or these Terms will not exceed fifty U.S. dollars (US$50).

Nothing in these Terms limits liability that cannot be limited under applicable law.

11. Indemnification

You agree to defend, indemnify and hold harmless Custom Pumpkin and its owner from any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of your content, your use of the Service, or your violation of these Terms or of anyone else’s rights.

12. Governing law and venue

These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Santa Clara County, California, and you consent to their jurisdiction, except that either party may bring an individual claim in small claims court.

13. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms on this page with a new effective date. Your continued use of the Service after the update means you accept the updated Terms.

14. General

These Terms and the Privacy Policy are the entire agreement between you and us about the Service. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them without restriction.

15. Contact

Questions about these Terms: contact@custompumpkin.com.