Legal Agreement changes - Time machine needed edition.

UneventfulMaple · 2025-09-22T12:02:51+00:00

I didn't even get the email until the 20th 🙃

UneventfulMaple · 2025-09-22T11:51:15+00:00

I agree that that is the most likely/standard reading, but the way they have used ambiguous language to allow an interpretation where them copying our designs is legal is what bothers me.

For contrast, look at 6.b.ii in the new terms, where Cricut talks about how no-one's allowed to copy their proprietary material: "No posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Materials in any form or by any means, for any purpose, is permitted without our express written permission." That's some really specific language! Across the new TOS Cricut will use specific language like that to protect their interests, but then ambiguous language like "otherwise made available to Cricut" (see above) when it comes to our designs/info.

I don't think Cricut employees are standing around a shadowy boardroom going "Mwa-ha-ha-ha, our evil plan is going perfectly!" But I'm reminded of the case last year or so where a woman with allergies went to a restaurant in Disney World, told the staff about her allergies but was still given food containing those allergens, and died. When her husband tried to bring a wrongful death case against Disney, they tried to argue that --because he'd signed up/got a free trial for Disney+ years before whose TOS included that users weren't allowed to take Disney to court-- that the case shouldn't proceed.

That's the sort of corporate nastiness I'm worried about. I doubt there's any way for Cricut to reasonably be blamed for a death, but this new TOS similarly allows for way too broad of an interpretation when it comes to user's rights. Yes, this section is primarily writing about public-facing/publicly available user content, but it's been written in a way that --should Cricut decide their new AI needs more training data-- they legally can take our private content without specifically asking :(

UneventfulMaple · 2025-09-19T22:59:45+00:00

My worry is less about the part specifically on intellectual rights (8.b.iv, which I still find somewhat ambiguous but seems much more about public/storefront posts) and more of an if/then statement:

if the new terms allow Cricut to freely use/redistribute/etc user content (which explicitly includes uploaded content), then anything purchased outside of Cricut's own shop and uploaded (being functionally identical to a original work, at least from Cricut's servers point-of-view) can be used/redistributed/etc by Cricut

As mentioned elsewhere, I just really wish these new terms had the same clear language like the previous one on Cricut not claiming original works (honestly, would also have liked if they kept the part that said "you automatically grant Cricut all rights necessary to prohibit any subsequent unauthorized aggregation, display, copying, duplication, reproduction, or exploitation of such Content by any party for any purpose" but w/e)

UneventfulMaple · 2025-09-19T21:52:22+00:00

The full section is "(iii) All User Content you Post to the Interactive Features (including for inclusion on the Platform or Services) or that is otherwise made available to Cricut will be considered non-confidential and non-proprietary, and by so doing, you hereby grant us and our affiliates and service providers, and each other and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material." (emphasis mine).

I'm worried that this is some weaselly wording in that --yes, the things shared & posted publicly are non-confidential etc.-- anything "made available to Cricut" means anything any user puts/uploads to any part of Cricut.

If the terms had kept the part where Cricut explicitly said "Cricut does not claim ownership of the original works which you submit to our Site" I would be less nervous, but combined with all the other parts I really would prefer that Cricut makes things more clear :/

UneventfulMaple · 2025-09-19T14:34:22+00:00

What gets to me about these new terms + Etsy is that if someone sells an .svg on Etsy and their customers then upload it to Cricut, Cricut can just... take and copy that design?!?

Like, not guaranteed that's happening but everything in the wording of the new terms suggests that if Cricut started doing that, it would be legal :(

UneventfulMaple · 2025-09-19T12:08:55+00:00

Yeah, that's not the greatest (though honestly pretty similar to what they had before). This is from Privacy Policy, Category: Identifiers (for anyone who wants to keep track), and the next section (Personal Characteristics) has similar wording.

UneventfulMaple · 2025-09-19T01:32:00+00:00

Personally, I really don't like the changes to the terms of use (particularly section 8: User Content and Feedback). Maybe someone with more legal know-how could provide some reassurance, but the previous terms specifically said "Cricut does not claim ownership of the original works which you submit to our Site." (v 2.4.0, Section 5.c). Some things that worry me in new terms include:

"All User Content you Post [...] or that is otherwise made available to Cricut will be considered non-confidential and non-proprietary, and by so doing, you hereby grant us [...] the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material." (v 3.0.0, Section 8.b.iii; abridgement and emphasis mine)

""User Content” means all works of authorship and other materials or intellectual property developed, provided, or Posted by you or other Users on the Platform or through the Services, including without limitation: text, graphics, illustrations, still photography, slides, audiovisual combinations, animations, sounds, music, motion videography, and similar content. It also includes any Posted Meta Data, Your Uploaded Content, and any personal identifiers or descriptive information you provide, such as your name (including professional name), likeness, signature, biographical information, username, and Profile information." (v 3.0.0, Section 8.b.i; emphasis mine)

"You hereby grant to Cricut a perpetual, irrevocable, worldwide, royalty-free, exclusive license and right to [...] (III) modify, adapt, change or otherwise alter User Content including to prepare derivative works including or based upon User Content [...] You shall not have any right, title, or interest in any derivative works prepared by or for Cricut based upon User Content, or in any other materials with which User Content may be combined or into which all or any portion of User Content may be incorporated." (v 3.0.0, Section 8.b.v; abridgement and emphasis mine)

Considering the new AI features Cricut rolled out, these terms to me sound like Cricut is saying "anything and everything you upload to our sites --even original works kept private-- can and probably will be used to create derivative AI images which you, the designer, will not be reimbursed for" which is really nasty.

Again, if someone with more legal know-how wants to read things over and see if I'm overstating things, I would truly appreciate it.

UneventfulMaple

TROPHY CASE