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 accessing or using the Service, you agree to these Terms and our Privacy Policy.

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

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

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;
• 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.

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.

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

Some features may require payment. Before charging you, we will present the price, billing period, taxes, renewal terms, and any additional payment terms. You authorize applicable charges when you purchase a paid feature. Except where required by law or stated otherwise at purchase, fees are non-refundable.

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 ownership, disclaimers, liability limits, and indemnity.

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, error-free, secure, or that data will be accurate 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.

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.

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.

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.

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.

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.

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