Terms of Use

1. Agreement

These Terms of Use (“Terms”) are an agreement between you and Cardberry (“Cardberry,” “we,” “us,” or “our”). They apply to Cardberry’s websites, applications, community spaces, and related services that link to these Terms (collectively, the “Service”). By creating an account, clicking a button or checkbox that indicates acceptance, purchasing a paid feature, or accessing or using the Service, you agree to these Terms, our Privacy Policy, and our Cookie Notice.

If you use the Service for a company or other organization, you represent that you have authority to bind it, and “you” includes that organization. If you do not agree, do not use the Service.

2. Eligibility and accounts

You must be at least 18 years old and legally able to enter into a contract to use the Service. You must provide accurate account information, keep it current, protect your credentials, and promptly notify us of suspected unauthorized access.

Organization owners and administrators may manage membership, permissions, integrations, and organization data. You are responsible for activity under your account and for ensuring that your authorized users comply with these Terms.

3. The Service and availability

Cardberry helps merchants import, review, organize, price, and publish graded-card inventory. We may add, change, suspend, or discontinue features over time, impose or change usage limits, or perform scheduled or emergency maintenance. We will provide notice when reasonably practical if a material change adversely affects active users.

Unless a separate written agreement signed by Cardberry expressly says otherwise, the Service has no service-level agreement, guaranteed uptime, response time, restoration time, support obligation, or service-credit commitment. Temporary interruptions and degraded performance may occur, including because of maintenance, internet or infrastructure failures, security events, or third-party services.

4. Acceptable use

You may not use the Service to:

• violate any law, regulation, or third-party right;
• list, market, or sell counterfeit, stolen, fraudulent, or unlawfully obtained items;
• submit false certification, ownership, condition, pricing, or product information;
• access another person’s account or data without permission;
• probe, scan, disrupt, overload, or bypass security or access controls;
• scrape, copy, or extract the Service or its data through automated means except as we expressly permit;
• circumvent plan limits, access controls, rate limits, billing controls, or usage accounting;
• reverse engineer or attempt to derive non-public source code, except where applicable law does not allow this restriction;
• upload malicious code or use the Service to send spam, harass, impersonate, or deceive others; or
• resell or provide the Service to third parties unless we have agreed in writing.

5. Your content and data

You retain ownership of information, images, text, inventory records, and other content you submit to the Service (“Your Content”). You grant Cardberry a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, modify, and display Your Content only as reasonably necessary to operate, secure, improve, and provide the Service and connected features you request.

You represent that you have the rights and permissions needed for Your Content and our use of it as described here. You are responsible for maintaining appropriate source records and backups and for the accuracy, legality, and publication of Your Content.

You should export any data you need before deleting an account or allowing a subscription to end. We may remove or restrict Your Content if we reasonably believe it violates these Terms, law, or another person’s rights.

If you post in a Cardberry community space, other community members may be able to view and interact with that content. Do not post confidential information there.

6. Third-party services

The Service may interoperate with third-party services such as Shopify, grading companies, card-data providers, and Discord. Your use of those services is governed by their own terms and policies. You authorize Cardberry to exchange data with a connected service as needed to perform the actions you request.

We do not control and are not responsible for third-party services, their availability, their data, or changes they make. You are responsible for maintaining any third-party accounts, permissions, and fees needed for an integration.

A third party may change or discontinue an integration at any time. Resulting delays, errors, loss of functionality, or interruptions do not create a refund or service-credit right except where applicable law requires one.

7. Ownership and feedback

Cardberry and its licensors own the Service, including its software, design, text, graphics, trademarks, and other content, excluding Your Content and third-party materials. We give you a limited, non-exclusive, non-transferable, revocable right to use the Service in accordance with these Terms.

If you provide suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation, but we are not required to use it.

Third-party names and marks, including those of Shopify and grading companies, belong to their respective owners. Their appearance does not imply sponsorship or endorsement unless expressly stated.

8. Fees, subscriptions, and refunds

Some features may require payment. Before you complete a purchase, we will present the price, billing period, taxes, renewal terms, cancellation method, and any additional payment terms that apply. You authorize Cardberry and its payment processor to charge the payment method you provide for all amounts due, including applicable taxes. You are responsible for keeping billing information current.

Recurring subscriptions and cancellation

If a purchase is described as automatically renewing, it will renew for the disclosed period at the then-applicable price until canceled. You may cancel through the cancellation method shown during purchase or in your account. If that method is not available, contact legal@cardberry.ai. Cancellation stops future renewals and ordinarily takes effect at the end of the current paid period; it does not retroactively reverse a charge or shorten the current paid period. We will provide renewal, trial-ending, or price-change notices when required by applicable law.

No refunds or service credits

Nothing in this Section limits a refund, cancellation right, or other remedy that applicable law does not permit you to waive. If law requires a remedy despite this policy, Cardberry will provide the minimum remedy the law requires. Please report a suspected billing error promptly so we can investigate it; this request does not limit any non-waivable billing-dispute right.

9. Suspension and termination

You may stop using the Service at any time. You may disconnect integrations through available account controls. Contact us if you want to request account deletion.

We may restrict, suspend, or terminate access if we reasonably believe you violated these Terms, created risk or legal exposure, failed to pay applicable fees, or if needed to protect the Service or others. Where appropriate, we will try to provide notice and an opportunity to address the issue. Sections that by their nature should survive termination will survive, including payment obligations, ownership, disclaimers, liability limits, indemnity, and general terms. Suspension or termination for your breach does not create a refund or credit right.

10. Disclaimers

To the fullest extent permitted by law, the Service is provided “as is” and “as available.” Cardberry disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, available at any particular time or location, error-free, secure, compatible with any third-party service, or free of harmful components, or that data will be accurate, complete, timely, recoverable, or preserved.

Card information, matches, grades, market data, suggested prices, and listing content may be incomplete, delayed, or incorrect. They are provided as operational tools, not as appraisals, guarantees of authenticity or condition, financial advice, or predictions of sale value. You are solely responsible for verifying inventory and listings, setting prices, complying with marketplace rules and consumer laws, and deciding whether to publish or sell an item.

Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

11. Limits on liability

To the fullest extent permitted by law, Cardberry and its affiliates, officers, employees, agents, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, data, or business interruption, arising from or related to the Service, even if advised that such damages are possible. This exclusion includes the cost of substitute services and losses arising from downtime, delayed processing, integration failures, inventory or listing errors, or loss or corruption of data.

To the fullest extent permitted by law, their total aggregate liability arising from or related to the Service will not exceed the greater of the amount you paid Cardberry for the Service during the 12 months before the event giving rise to the claim or US $100. These limits do not apply where liability cannot lawfully be limited or excluded. They apply regardless of the form of action, whether in contract, tort, statute, or otherwise, and even if a limited remedy fails of its essential purpose.

12. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless Cardberry and its affiliates, officers, employees, and agents from claims, losses, liabilities, damages, judgments, costs, and reasonable legal fees arising from Your Content, your use of the Service, your violation of these Terms or law, or your infringement of another party’s rights. This obligation does not apply to the extent a claim results from Cardberry’s own unlawful conduct. Cardberry may control the defense and settlement of an indemnified claim, and you will reasonably cooperate. You may not settle a claim in a way that admits Cardberry’s liability or imposes an obligation on Cardberry without our prior written consent.

13. General terms

These Terms and any additional terms presented for a specific feature are the entire agreement regarding the Service and replace prior agreements about the same subject. If additional terms conflict with these Terms, the additional terms control for that feature.

You may not assign these Terms without our written consent. We may assign them as part of a merger, reorganization, asset transfer, or by operation of law. Our failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be limited to the minimum extent necessary and the rest will remain in effect. Headings are for convenience only, and “including” means “including without limitation.” These Terms do not create third-party beneficiary rights.

Applicable law governs these Terms. Nothing in these Terms limits rights or remedies that cannot be waived under the law that applies to you. Before filing a formal claim, please contact us and give us a reasonable opportunity to resolve the dispute informally.

Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, utility or internet failures, labor disputes, government acts, war, civil unrest, epidemics, cyberattacks, or failures of hosting, payment, grading, marketplace, or other third-party providers. This sentence does not excuse your obligation to pay charges already due.

You may not use or export the Service in violation of U.S. or other applicable export-control or sanctions laws. You consent to receive agreements, disclosures, and notices electronically; electronic delivery satisfies any legal writing requirement to the extent permitted by law.

14. Changes and contact

We may update these Terms as the Service changes. We will post updated Terms here and revise the effective date. If a change is material, we will provide additional notice where required. Continuing to use the Service after updated Terms take effect means you accept them, except where applicable law requires another form of consent. Changes do not retroactively create a refund right. We will request renewed affirmative consent when applicable law requires it.

Questions about these Terms can be sent to Cardberry at legal@cardberry.ai.