Terms of service
OVERVIEW
Welcome to PokeToBroke and PokeToGrade. These Terms of Service (“Terms”) are entered into by and between POKETOBROKE, operating as PokeToBroke and PokeToGrade (the “Company”, “we”, “us”, or “our”), and you.
The Company operates websites, platforms, tools, products, digital downloads, subscriptions, software, reports, content, and services, including PokeToBroke and PokeToGrade (collectively, the “Services”). PokeToBroke provides shopping, content, and related ecommerce services. PokeToGrade provides subscription-based trading card analysis, organization, tracking, reporting, and pre-grading tools.
Our Services may be powered, hosted, processed, analyzed, secured, or supported by third-party providers, including but not limited to Shopify, payment processors, authentication providers, cloud hosting providers, cloud storage providers, analytics providers, artificial intelligence infrastructure providers, model providers, image-processing providers, and other service providers that help us operate, protect, analyze, support, and improve the Services.
Please read these Terms carefully. They include important information about your legal rights and obligations, including subscription renewal terms, warranty disclaimers, limitations of liability, user upload rules, image and photo rights, AI and machine learning data use, model-training rights, data-retention rules, and restrictions on use.
By visiting, accessing, creating an account, uploading content, uploading images or scans, purchasing products, purchasing subscriptions, clicking an acceptance box, or otherwise using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you must not access or use the Services.
SECTION 1 - ACCESS AND ACCOUNT
By using the Services, you represent that you are at least the age of majority in your state, province, or country of residence, or that you have the permission and supervision of a parent or legal guardian who agrees to these Terms on your behalf.
If you allow a minor dependent to use the Services on a device you own, purchase, or manage, you are responsible for that minor’s use of the Services and for ensuring that such use complies with these Terms.
To use certain parts of the Services, including accessing digital analysis tools, saving reports, purchasing products, or subscribing to PokeToGrade, you may be required to create an account and provide information such as your name, email address, billing information, payment information, shipping information, and other account details.
You represent and warrant that all information you provide to us is accurate, current, complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the confidentiality and security of your account credentials, login methods, passwords, and any activity that occurs under your account. You must notify us immediately if you believe your account has been accessed without authorization.
You may not transfer, sell, assign, share, license, sublicense, or otherwise provide access to your account to any other person without our prior written consent.
SECTION 2 - OUR PRODUCTS AND SERVICES
We make reasonable efforts to describe and display our products, digital products, subscriptions, tools, and Services accurately. However, colors, card images, product appearances, printed results, digital renderings, interface previews, and other visual elements may differ depending on your device, screen, printer, scanner, lighting, browser, camera, compression settings, or other settings.
All descriptions of products, digital downloads, subscriptions, pricing, features, limits, storage, file sizes, usage caps, tools, and service tiers are subject to change at any time, with or without notice, at our sole discretion.
We reserve the right to modify, suspend, discontinue, restrict, or limit any product, service, subscription tier, feature, tool, beta feature, report type, analysis method, model, algorithm, workflow, data-processing method, or account access at any time, including on a case-by-case basis, by user, account, geographic region, jurisdiction, or usage pattern.
We do not guarantee that any product, service, tool, feature, report, output, model, algorithm, analysis, or digital file will meet your expectations, be uninterrupted, be error-free, remain available, or produce any specific outcome.
SECTION 3 - POKETOGRADE ANALYSIS DISCLAIMER
PokeToGrade does not provide professional grading, authentication, appraisal, financial advice, investment advice, resale advice, or submission advice.
Any digital analysis, centering ratios, measurements, grading estimates, condition notes, reports, submission tracking tools, value references, image previews, defect indicators, or other outputs generated by PokeToGrade are provided for informational and educational purposes only.
We do not guarantee that any result, measurement, ratio, grade estimate, condition note, defect flag, value reference, report, image analysis, or output will be accurate, complete, reliable, consistent, or accepted by any third-party grading company, marketplace, buyer, seller, collector, insurer, or other person.
PokeToGrade results may vary based on scanner quality, camera quality, image resolution, image compression, lighting, shadows, angle, card positioning, card curvature, sleeves, top loaders, image artifacts, user adjustments, software limitations, model limitations, third-party standards, and other factors outside our control.
You are solely responsible for deciding whether to grade, submit, buy, sell, hold, price, insure, ship, or otherwise act with respect to any trading card. You acknowledge that any decision you make based on the Services is made entirely at your own risk.
SECTION 4 - NO RELIANCE
You acknowledge and agree that you are not relying on the Services as a substitute for your own judgment, inspection, research, professional advice, grading company review, authentication service, appraisal, or financial analysis.
You further acknowledge that you are not relying on the Services for any financial, investment, grading, authentication, resale, pricing, or submission decision. Any actions you take based on the Services are taken solely at your own risk.
SECTION 5 - NO AFFILIATION
PokeToBroke and PokeToGrade are independent platforms and are not affiliated with, endorsed by, sponsored by, licensed by, or approved by The Pokémon Company, Nintendo, Game Freak, Creatures Inc., PSA, TAG, CGC, BGS, SGC, or any other third-party grading company, marketplace, brand, publisher, manufacturer, or rights holder.
All third-party names, trademarks, logos, product names, card names, set names, images, artwork, trade dress, and intellectual property remain the property of their respective owners and are used solely for identification, compatibility, commentary, reference, or informational purposes.
SECTION 6 - USER CONTENT, UPLOADS, PHOTOS, DATA RIGHTS, AND AI / MODEL TRAINING
The Services may allow you to upload, submit, store, transmit, process, scan, photograph, analyze, display, save, edit, or generate images, scans, card photos, files, notes, metadata, reports, card information, collection information, pricing information, condition information, account information, usage information, corrections, feedback, and other materials or information submitted through or generated in connection with the Services. These materials are referred to in these Terms as “User Content”.
Ownership of User Content. As between you and the Company, you retain whatever ownership rights you may have in your original User Content. We do not claim ownership of the original photos, scans, images, files, or other materials you upload to the Services.
However, your ownership of User Content does not limit the rights and licenses you grant to us under these Terms. By uploading, submitting, transmitting, creating, saving, or generating User Content through the Services, you grant us the rights described below.
License to User Content. By uploading, submitting, transmitting, creating, saving, or generating User Content through the Services, you grant the Company and its affiliates, service providers, contractors, vendors, processors, successors, and assigns a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, transferable license to host, store, upload, download, copy, reproduce, process, analyze, inspect, review, modify, crop, resize, enhance, annotate, tag, classify, segment, transform, compress, display, transmit, cache, back up, create previews from, create reports from, create derivative works from, and otherwise use your User Content for the purposes of providing, operating, maintaining, securing, protecting, debugging, testing, improving, developing, and supporting the Services.
This license includes the right to process and analyze uploaded photos, uploaded scans, card images, metadata, reports, and related information to produce card-recognition outputs, centering measurements, grading estimates, condition notes, collection tools, pricing references, report previews, image-analysis outputs, and other Service features.
AI, Machine Learning, Computer Vision, and Model Training. Without limiting the license above, you expressly agree that, to the fullest extent permitted by applicable law, we may use User Content, uploaded images, uploaded scans, card photos, metadata, extracted measurements, analysis results, annotations, labels, corrections, feedback, reports, usage data, quality-control information, and other information submitted to or generated by the Services to develop, train, fine-tune, test, validate, benchmark, monitor, improve, and operate software, algorithms, automated systems, computer vision systems, artificial intelligence systems, machine learning models, grading-assistance tools, centering tools, defect-detection tools, card-recognition tools, pricing-reference tools, fraud-prevention tools, safety tools, abuse-prevention tools, and other current or future features of the Services.
You acknowledge and agree that model training, model improvement, system improvement, benchmarking, validation, testing, and quality-control uses may occur using User Content and data derived from User Content, subject to our Privacy Policy and applicable law.
Derived Data and Service Improvements. You acknowledge and agree that the Company owns all rights, title, and interest in and to the Services and Company Technology. “Company Technology” includes, without limitation, software, code, tools, workflows, interfaces, databases, schemas, systems, algorithms, models, model weights, model parameters, embeddings, vector data, feature data, annotations created by or for the Company, extracted measurements, aggregated data, de-identified data, anonymized data, statistical data, benchmarking data, quality-control data, improvements, developments, inventions, know-how, training artifacts, system outputs, analysis methods, grading-assistance logic, card-recognition logic, defect-detection logic, and other technology or information created, derived, learned, generated, or improved through operation of the Services.
For clarity, the Company does not claim ownership of your original uploaded photos or scans merely because you upload them to the Services. However, to the fullest extent permitted by law, the Company owns the Company Technology, Derived Data, model improvements, system improvements, analytics, statistical learnings, and service improvements created through the operation, analysis, training, testing, or improvement of the Services, excluding your original User Content and excluding third-party intellectual property contained in uploaded card images.
“Derived Data” means data, information, measurements, metadata, features, embeddings, annotations, tags, classifications, outputs, statistics, signals, quality-control information, and other information generated, extracted, inferred, calculated, transformed, or derived from User Content or use of the Services, including card measurements, centering values, image-quality information, defect indicators, recognition signals, model-training features, and aggregated or de-identified information.
No Compensation or Approval Rights. You are not entitled to compensation, attribution, notice, approval, royalties, revenue share, ownership interest, or other payment for our use of User Content, Derived Data, de-identified data, aggregated data, model improvements, Service improvements, Feedback, or Company Technology as permitted by these Terms.
De-Identified, Anonymized, and Aggregated Data. We may create, use, retain, disclose, commercialize, publish, license, or otherwise exploit de-identified, anonymized, aggregated, statistical, or non-identifying data derived from User Content or use of the Services for any lawful business purpose, including analytics, research, benchmarking, model training, model evaluation, product development, marketing, security, fraud prevention, abuse prevention, and improving the Services, provided that we do not intentionally identify you from such data except as permitted by law.
Uploaded Photos and Third-Party Rights. You represent and warrant that you own or have all rights, licenses, permissions, and consents necessary to upload, submit, process, analyze, store, and use your User Content with the Services and to grant the rights described in these Terms.
You further represent and warrant that your User Content does not violate any law, contract, intellectual property right, privacy right, publicity right, personality right, confidentiality obligation, or other right of any person or entity.
Trading Card Images and Third-Party Intellectual Property. You acknowledge that uploaded card images, scans, names, designs, artwork, logos, brands, set information, and other card-related materials may contain intellectual property owned by third parties. You are solely responsible for ensuring that your upload and use of such materials is lawful.
We do not claim ownership of third-party intellectual property contained in uploaded images or card materials. All third-party intellectual property remains the property of its respective owner.
Personal Information in Uploads. You agree not to upload images, files, or materials containing faces, people, government identification, financial information, health information, private personal information, confidential information, or personal information about another person unless you have all required rights, permissions, consents, and legal authority to do so.
We may remove, restrict, delete, or disable access to any User Content that we believe may create legal, privacy, security, intellectual property, operational, or reputational risk.
Retention After Deletion or Termination. If you delete User Content, cancel your subscription, close your account, or stop using the Services, we may delete, restrict, retain, or continue using User Content, Derived Data, de-identified data, anonymized data, aggregated data, backups, logs, reports, model improvements, system improvements, security records, audit records, and training artifacts as permitted by these Terms, our Privacy Policy, our internal retention practices, and applicable law.
You acknowledge that deletion of User Content may not require us to delete de-identified data, anonymized data, aggregated data, model weights, model parameters, embeddings, statistical learnings, model improvements, system improvements, security logs, audit logs, backup copies, or other information that is not reasonably capable of identifying you or that we are permitted or required to retain by law, contract, security need, fraud-prevention need, dispute-resolution need, or legitimate business need.
You further acknowledge that models, systems, tools, algorithms, or features that have already been trained, tested, validated, improved, or developed using User Content or Derived Data may not be capable of being reversed, separated, removed, or “untrained” from the model or system.
Backups and Availability. You are solely responsible for maintaining your own backups of any images, scans, reports, files, card information, collection information, or other data you upload to or generate through the Services.
We do not guarantee that User Content, uploaded scans, uploaded photos, reports, saved data, account history, or generated outputs will be stored indefinitely, remain available, or be recoverable.
Removal of User Content. We may remove, delete, restrict, disable access to, refuse to process, or refuse to store User Content at any time if we believe, in our sole discretion, that it violates these Terms, violates applicable law, infringes rights, creates risk, exceeds usage limits, is associated with a suspended or terminated account, may harm the Services, or is otherwise inappropriate for the Services.
SECTION 7 - ORDERS AND SUBSCRIPTIONS
Store Orders: When you place an order on PokeToBroke, you are making an offer to purchase. We reserve the right to accept, decline, cancel, limit, or refuse any order for any reason at our discretion. Your order is not accepted until we confirm acceptance and process your payment.
PokeToGrade Subscriptions: PokeToGrade may operate on a free, paid, promotional, trial, or auto-renewing subscription basis. By signing up for a paid PokeToGrade subscription, you agree that your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date.
Recurring Billing: By providing a payment method for a PokeToGrade subscription, you authorize us and our third-party payment processors to charge your payment method on a recurring basis for applicable subscription fees, taxes, and charges until you cancel.
Cancellations: You may cancel your subscription through your account settings or any other cancellation method we make available. Cancellations take effect at the end of your current paid billing period unless otherwise stated.
We do not offer prorated refunds or credits for mid-cycle cancellations, unused time, unused scans, unused reports, inactive accounts, downgraded plans, or partially used subscription periods, except where required by law or expressly stated in our Refund Policy.
If your payment method fails, your account becomes delinquent, or your payment cannot be processed, we may suspend, limit, downgrade, or terminate your access to paid features until payment is successfully processed.
We may change subscription fees, billing frequencies, plan features, limits, storage, upload limits, report limits, model features, analysis features, or included services. If required by law, we will provide notice before changes apply to your renewal.
Your purchases are subject to return, exchange, cancellation, or refund solely in accordance with our Refund Policy and applicable law.
SECTION 8 - PRICES AND BILLING
Prices, discounts, promotions, subscription plans, free trials, usage limits, and availability are subject to change without notice unless otherwise required by law.
The price charged for a product or subscription will be the price in effect at the time the order is placed or the subscription renews, subject to any applicable taxes, shipping, handling, customs, import charges, or other fees.
Unless otherwise expressly stated, posted prices do not include applicable taxes, duties, shipping, handling, customs, import charges, carrier charges, currency conversion charges, or payment processor fees.
You agree to provide current, complete, and accurate purchase, payment, billing, shipping, and account information for all purchases and subscriptions made through the Services.
You agree to promptly update your account and payment information, including your email address, billing address, payment method, credit card number, and expiration date, so we can complete transactions and contact you as needed.
You represent and warrant that you are authorized to use any payment method you provide and that all charges incurred by you will be honored by your payment provider.
SECTION 9 - SHIPPING AND DELIVERY
Shipping and delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, incorrect addresses, weather, strikes, service disruptions, or events outside our reasonable control.
Once we transfer physical products to the carrier, title and risk of loss pass to you to the fullest extent permitted by law.
You are responsible for providing accurate shipping information. We are not responsible for lost, delayed, returned, or misdelivered packages caused by inaccurate or incomplete shipping information.
SECTION 10 - DIGITAL PRODUCTS AND DOWNLOADS
Certain products may be delivered digitally, including printable files, templates, guides, reports, downloads, or other digital content. Digital products may be made available immediately after purchase or through an account, email, or download link.
Unless otherwise stated or required by law, digital products are non-refundable once accessed, downloaded, delivered, or made available to you.
Digital products are provided for personal, non-commercial use only unless we expressly grant you different rights in writing.
SECTION 11 - INTELLECTUAL PROPERTY
The Services, including but not limited to software, code, tools, workflows, interfaces, algorithms, models, model weights, model parameters, embeddings, vector databases, analysis methods, grading-assistance logic, grading logic, card-recognition logic, defect-detection logic, pricing-reference tools, reports, templates, designs, text, graphics, images, videos, audio, logos, trademarks, product names, service names, and the selection and arrangement thereof, are owned by the Company, its affiliates, or licensors and are protected by Canadian, U.S., and international intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only, unless we expressly grant you commercial rights in writing.
You must not reproduce, distribute, modify, create derivative works from, reverse engineer, decompile, disassemble, copy, scrape, publicly display, publicly perform, republish, download, store, transmit, sell, resell, exploit, dataset, benchmark, train models on, fine-tune models on, or otherwise use any part of the Services except as expressly permitted by these Terms.
Nothing in these Terms grants you any license or ownership right in our intellectual property, software, algorithms, systems, models, embeddings, databases, trademarks, branding, proprietary methods, reports, outputs, or proprietary materials.
PokeToBroke and PokeToGrade names, logos, product names, service names, designs, and slogans are trademarks or trade names of the Company or its affiliates or licensors.
SECTION 12 - OPTIONAL TOOLS AND THIRD-PARTY SERVICES
The Services may provide access to optional tools, integrations, platforms, artificial intelligence tools, model providers, hosting providers, payment processors, storage services, analytics services, or other services offered by third parties. We do not control and are not responsible for such third-party tools or services.
You acknowledge and agree that third-party tools and services are provided “as is” and “as available” without warranties, representations, conditions, or endorsements of any kind from us.
Your use of third-party tools and services may be subject to separate terms and privacy policies from those third parties. We are not responsible for any loss, damage, liability, or claim arising from your use of third-party tools or services.
SECTION 13 - THIRD-PARTY LINKS
The Services may contain links, materials, references, or integrations with websites, marketplaces, grading companies, payment processors, shipping carriers, card databases, artificial intelligence providers, or other third parties.
We are not responsible for examining, evaluating, verifying, or guaranteeing the content, accuracy, policies, practices, availability, products, services, or conduct of any third party.
If you access third-party websites, platforms, tools, or services, you do so at your own risk.
SECTION 14 - RELATIONSHIP WITH SHOPIFY
Our stores and digital platforms may be powered by Shopify, which enables us to provide certain Services to you. However, any sales, purchases, subscriptions, products, services, or transactions you make are made directly with the Company unless otherwise expressly stated.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of your transactions with us, including any injury, damage, loss, claim, refund, charge, subscription, product issue, service issue, data issue, report issue, upload issue, or dispute arising from your purchases, subscriptions, or use of the Services.
You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases, subscriptions, transactions, uploads, or use of the Services.
SECTION 15 - PRIVACY
Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, disclose, store, retain, and protect personal information and other information.
By using the Services, you acknowledge that you have read and understood our Privacy Policy.
You acknowledge that information submitted to or generated by the Services, including uploaded images, scans, card photos, metadata, reports, usage information, analysis results, corrections, labels, annotations, and feedback, may be collected and used to provide, operate, secure, troubleshoot, support, analyze, test, and improve the Services.
Where permitted by applicable law and as described in our Privacy Policy, we may use information submitted to or generated by the Services to improve, develop, train, fine-tune, test, validate, benchmark, monitor, and operate our software, algorithms, automated systems, artificial intelligence systems, machine learning models, computer vision tools, grading-assistance tools, card-recognition tools, defect-detection tools, pricing-reference tools, security tools, and fraud-prevention tools.
Because parts of the Services may be hosted, powered, analyzed, secured, or processed by third-party providers, those third parties may collect, receive, store, process, analyze, or transmit certain information in accordance with our instructions, their own terms, their own privacy policies, and applicable law.
We may use third-party service providers, hosting providers, analytics providers, storage providers, payment processors, authentication providers, artificial intelligence infrastructure providers, model providers, image-processing providers, customer-support providers, and other vendors to help operate, secure, analyze, improve, and support the Services. These providers may process User Content, personal information, technical information, and Service-related data on our behalf, subject to applicable law and safeguards we consider appropriate.
If User Content or other information contains personal information, our collection, use, disclosure, retention, and protection of that personal information will be handled in accordance with our Privacy Policy and applicable law. If there is a conflict between these Terms and the Privacy Policy regarding personal information, the Privacy Policy will govern to the extent required by applicable privacy law.
You may have rights under applicable privacy laws, including rights to access, correct, or request deletion of certain personal information, subject to legal, contractual, security, technical, and operational limitations.
SECTION 16 - FEEDBACK
If you submit, upload, post, email, message, review, suggest, or otherwise provide ideas, suggestions, feedback, reviews, proposals, feature requests, bug reports, corrections, labels, annotations, examples, plans, or other content about the Services (collectively, “Feedback”), you grant us a perpetual, worldwide, irrevocable, sublicensable, transferable, royalty-free license to use, reproduce, modify, publish, distribute, display, commercialize, train models on, fine-tune models on, test systems on, validate systems on, and otherwise exploit such Feedback in any medium for any purpose without compensation to you.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, publicity, personality, contractual, confidentiality, or other personal or proprietary rights.
You agree that your Feedback will not contain unlawful, abusive, obscene, defamatory, misleading, infringing, malicious, or harmful material, including viruses or malware.
SECTION 17 - ERRORS, INACCURACIES AND OMISSIONS
The Services may contain typographical errors, inaccuracies, omissions, outdated information, technical errors, incorrect prices, incorrect product descriptions, incorrect subscription details, incorrect availability, incorrect shipping information, incorrect analysis outputs, incorrect model outputs, incorrect measurements, incorrect image-recognition results, or other mistakes.
We reserve the right to correct any errors, inaccuracies, or omissions and to change, update, suspend, cancel, or refuse orders, subscriptions, reports, outputs, analyses, or Services if any information is inaccurate at any time, without prior notice, including after an order or subscription has been submitted.
We have no obligation to update, amend, or clarify information in the Services except as required by law.
SECTION 18 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly, for any unlawful, harmful, abusive, fraudulent, infringing, competitive, or malicious purpose.
You agree not to use the Services to violate any international, federal, provincial, state, or local law, rule, regulation, or ordinance.
You agree not to infringe, misappropriate, or violate our intellectual property rights or the intellectual property rights, privacy rights, publicity rights, personality rights, confidentiality rights, contractual rights, or other rights of any third party.
You agree not to harass, abuse, insult, harm, defame, slander, disparage, intimidate, threaten, or otherwise harm any employee, contractor, user, customer, or other person.
You agree not to upload, transmit, or distribute viruses, malware, corrupted files, malicious code, harmful scripts, or any material that may damage, interfere with, or disrupt the Services or any third-party systems.
You agree not to scrape, crawl, spider, harvest, index, data mine, extract, copy, download, monitor, mirror, frame, cache, store, reproduce, compile, aggregate, dataset, benchmark, use for retrieval-augmented generation, create embeddings from, train models on, fine-tune models on, test models on, validate models on, or otherwise collect or use any content, data, outputs, reports, pricing, images, card information, user information, workflows, interface elements, prompts, responses, measurements, model outputs, or other materials from the Services by automated or manual means without our prior written consent.
You agree not to use any part of the Services, including outputs, reports, images, scans, measurements, grading estimates, condition notes, card data, pricing references, user interface elements, analysis results, prompts, workflows, or model outputs, to build, train, fine-tune, test, validate, support, improve, benchmark, or operate any competing product, service, dataset, algorithm, model, artificial intelligence system, machine learning system, computer vision system, grading tool, card-recognition tool, pricing tool, collection-management tool, marketplace tool, or other commercial service without our prior written consent.
You agree not to reverse engineer, decompile, disassemble, derive source code from, bypass, test, probe, scan, exploit, or attempt to discover the underlying algorithms, models, prompts, systems, training data, infrastructure, security, workflows, or proprietary methods used by the Services.
You agree not to bypass, disable, interfere with, or circumvent any security feature, access control, rate limit, subscription limit, storage limit, usage limit, upload limit, model limit, reporting limit, payment requirement, or other restriction of the Services.
You agree not to use bots, scripts, automated tools, browser automation, scraping tools, data-extraction tools, or unauthorized APIs to access, query, upload to, download from, or interact with the Services without our prior written consent.
You agree not to submit misleading, manipulated, synthetic, unlawful, infringing, abusive, excessive, or technically harmful images, scans, prompts, data, files, or requests.
You agree not to use the Services to generate, submit, or distribute false, misleading, deceptive, infringing, defamatory, unlawful, or harmful information.
You agree not to reproduce, duplicate, copy, sell, resell, exploit, sublicense, rent, lease, distribute, or commercially use any portion of the Services without our prior written consent.
You agree not to use the Services in a manner that creates excessive load, excessive automated requests, abusive usage, denial of service risk, infrastructure strain, unreasonable demand on our systems, or unreasonable cost to us or our third-party providers.
We reserve the right to throttle, restrict, suspend, disable, or terminate your account or access to the Services at any time if we determine, in our sole discretion, that you have violated these Terms or used the Services in a manner that creates risk, abuse, liability, legal exposure, reputational harm, or operational harm.
SECTION 19 - SERVICE AVAILABILITY AND DATA LOSS
We do not guarantee that the Services will be uninterrupted, timely, secure, accurate, error-free, virus-free, or available at any particular time or location.
The Services may be unavailable, delayed, limited, or interrupted due to maintenance, updates, errors, bugs, third-party provider failures, internet outages, security issues, infrastructure limitations, model-provider limitations, payment-provider limitations, hosting-provider limitations, cyberattacks, or other causes.
We are not responsible for any loss, corruption, deletion, failure to store, failure to retrieve, or unauthorized access to data, including uploaded images, uploaded photos, card scans, reports, account data, analysis outputs, notes, settings, subscription data, User Content, Derived Data, or other Service-related information.
You are responsible for maintaining your own backups of any content, scans, photos, reports, files, or information that you consider important.
We do not guarantee that deleted, corrupted, expired, removed, restricted, suspended, or lost User Content, reports, scans, photos, outputs, account data, or subscription data can be recovered.
SECTION 20 - BETA AND EXPERIMENTAL FEATURES
Certain Services, tools, features, reports, analysis methods, pricing references, defect detection features, grading estimates, card-recognition features, machine learning features, artificial intelligence features, or other functionality may be offered as beta, experimental, preview, early access, or test features.
Beta and experimental features may be incomplete, inaccurate, unstable, unavailable, limited, changed, discontinued, or removed at any time without notice.
You acknowledge that beta and experimental features are provided for testing and feedback purposes and should not be relied upon for any important decision.
SECTION 21 - TERMINATION
We may suspend, restrict, disable, or terminate your account, subscription, or access to all or part of the Services at any time, with or without notice, if we believe that you have violated these Terms, created risk, caused harm, engaged in abusive use, failed to pay, infringed rights, misused data, attempted unauthorized scraping, attempted unauthorized model training, or otherwise used the Services in a way we consider inappropriate.
You may stop using the Services at any time. If you have a paid subscription, you remain responsible for cancelling your subscription before the next billing date.
Upon termination of your account, we may delete, restrict, disable, or retain your account data, uploaded content, reports, images, scans, settings, User Content, Derived Data, logs, records, and other information in accordance with these Terms, our Privacy Policy, our policies, legal obligations, security needs, dispute-resolution needs, fraud-prevention needs, backup practices, and operational needs.
Termination does not relieve you of any obligation to pay amounts owed before termination.
Any provisions of these Terms that by their nature should survive termination will survive, including provisions relating to User Content licenses, Derived Data, Company Technology, intellectual property, payment obligations, disclaimers, limitations of liability, indemnification, prohibited uses, dispute terms, and governing law.
SECTION 22 - DISCLAIMER OF WARRANTIES
The information, content, tools, reports, products, subscriptions, analysis, outputs, and Services are provided for general informational purposes only.
To the fullest extent permitted by law, the Services and all products, digital products, subscriptions, tools, reports, analyses, artificial intelligence features, machine learning features, model outputs, and outputs offered through the Services are provided “as is” and “as available”, without warranties, representations, or conditions of any kind, whether express, implied, statutory, or otherwise.
To the fullest extent permitted by law, we disclaim all warranties and conditions, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, quiet enjoyment, and any warranties arising from course of dealing, usage, or trade practice.
We do not warrant, represent, or guarantee that the Services will be uninterrupted, timely, secure, accurate, complete, reliable, error-free, virus-free, or that any defects will be corrected.
We do not warrant, represent, or guarantee that any PokeToGrade measurement, report, ratio, grade estimate, condition assessment, defect flag, image-recognition result, pricing reference, model output, or other output will match the opinion, result, standard, grade, or decision of any grading company, buyer, seller, marketplace, insurer, collector, or other third party.
SECTION 23 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no case shall the Company, its owners, partners, directors, officers, employees, contractors, affiliates, agents, service providers, licensors, suppliers, or third-party providers be liable for any injury, loss, claim, damage, or any direct, indirect, incidental, punitive, special, exemplary, consequential, or similar damages of any kind.
This limitation includes, without limitation, lost profits, lost revenue, lost savings, lost business, loss of goodwill, loss of data, loss of User Content, loss of reports, loss of scans, loss of photos, loss of account data, replacement costs, trading card losses, grading losses, submission losses, resale losses, investment losses, payment issues, service interruptions, inaccurate outputs, inaccurate measurements, inaccurate model outputs, incorrect card recognition, incorrect pricing references, or any similar damages.
This limitation applies whether based in contract, tort, negligence, strict liability, warranty, statute, or any other legal theory, even if we have been advised of the possibility of such damages.
To the maximum extent permitted by law, the total aggregate liability of the Company for any claims arising out of or relating to the Services shall not exceed the greater of (a) $100 CAD or (b) the total amount you paid to us for the Services in the three (3) months preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
SECTION 24 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, Shopify, and our owners, affiliates, partners, officers, directors, employees, contractors, agents, licensors, suppliers, service providers, and third-party providers from and against any losses, damages, liabilities, claims, demands, judgments, settlements, costs, and expenses, including reasonable legal fees, arising out of or related to:
(a) your breach of these Terms;
(b) your use or misuse of the Services;
(c) your User Content;
(d) your uploaded photos, scans, images, files, card information, metadata, or other materials;
(e) your violation of any law, regulation, or third-party right;
(f) your infringement, misappropriation, or violation of any intellectual property right, privacy right, publicity right, personality right, confidentiality obligation, contractual right, or other right;
(g) your failure to obtain rights, permissions, consents, or legal authority required for User Content you upload, submit, or process through the Services;
(h) your purchase, sale, grading, submission, pricing, or handling of any trading card based on or related to the Services;
(i) your account activity, whether authorized by you or not;
(j) your use of the Services to build, train, fine-tune, test, validate, support, benchmark, or improve any competing product, service, dataset, model, artificial intelligence system, machine learning system, computer vision system, grading tool, card-recognition tool, pricing tool, or marketplace tool;
(k) your scraping, extraction, copying, harvesting, or unauthorized use of any data, content, outputs, reports, images, measurements, user information, or other materials from the Services.
SECTION 25 - FORCE MAJEURE
We shall not be liable for any failure, delay, interruption, error, or inability to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, fire, flood, war, terrorism, civil unrest, labour disputes, internet outages, power outages, cyberattacks, service provider failures, model provider failures, hosting provider failures, payment processor failures, carrier delays, supply chain disruptions, governmental actions, changes in law, or other events beyond our reasonable control.
SECTION 26 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.
The remaining provisions of these Terms shall remain in full force and effect.
SECTION 27 - WAIVER
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Any waiver must be in writing and signed by us to be effective.
SECTION 28 - ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, Refund Policy, upload notices, subscription terms, and any other policies or rules posted by us or made available through the Services, constitute the entire agreement between you and us regarding the Services.
These Terms supersede any prior or contemporaneous agreements, communications, proposals, or understandings between you and us regarding the Services.
SECTION 29 - ASSIGNMENT
You may not delegate, transfer, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent.
We may transfer, assign, delegate, subcontract, or otherwise transfer these Terms or any of our rights or obligations at any time without your consent or notice, including in connection with a merger, acquisition, financing, sale of assets, corporate reorganization, change of control, or transfer of the Services.
SECTION 30 - GOVERNING LAW
These Terms and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
You agree that any dispute, claim, or proceeding arising out of or relating to these Terms or the Services shall be brought in the courts located in Ontario, Canada, unless applicable law requires otherwise.
SECTION 31 - CHANGES TO THESE TERMS
You can review the most current version of these Terms at any time on this page.
We reserve the right, in our sole discretion, to update, change, modify, or replace any part of these Terms by posting updates or changes to our website or Services.
Your continued use of the Services after any changes are posted constitutes acceptance of those changes.
If you do not agree to the updated Terms, you must stop using the Services.
We may require you to accept updated Terms before continuing to use certain features, including upload features, subscription features, AI features, machine learning features, or report-generation features.
SECTION 32 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.
SECTION 33 - CONTACT INFORMATION
Questions about these Terms should be sent to us at hello@poketobroke.com.