Terms of Use
BinderScan · Effective date: [EFFECTIVE DATE] · Last updated: [DATE]
- Acceptance & eligibility
- The service
- Ownership & non-affiliation
- Your account
- Acceptable use
- Your content
- Identifications & valuations
- Scans, purchases & referrals
- Third-party services
- Termination
- Disclaimers
- Limitation of liability
- Indemnification
- Governing law & disputes
- Apple App Store terms
- Changes & contact
1. Acceptance & eligibility
These Terms of Use are a binding agreement between you and Stoddard Design Lab LLC ("BinderScan," "we," "us") governing your use of the BinderScan app and binderscans.com (the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
You must be at least 13 years old (or the minimum age of digital consent in your country) to use the Service. If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or guardian.
Age assurance & parental consent. Where required by law — including the app-store accountability / age-verification laws of certain U.S. states (for example Texas, Utah, Louisiana, and California) — your device's app store shares an age category or age-range signal with us. If that signal indicates you are a minor, we will not treat these Terms, a subscription, an in-app purchase, or a referral as a binding contract, and will not let you complete such a transaction, unless we have received verifiable authorization from your parent or legal guardian through the app store's or another approved consent mechanism. A parent or guardian who provides that authorization agrees to these Terms on the minor's behalf and is responsible for the minor's use of the Service and any charges incurred. [COUNSEL REVIEW: confirm the age bands, the acceptable verifiable-parental-consent mechanism (e.g., Apple Declared Age Range API + app-store parental approval), and per-state obligations for TX / UT / LA / CA before relying on this clause; Louisiana may require the developer, not only the app store, to obtain consent.]
2. The service
BinderScan lets you scan trading cards, catalog a collection, view estimated market values and grading estimates, and use community features such as leaderboards, a social feed, and shop links. We may change, add, or remove features at any time.
3. Ownership & non-affiliation
BinderScan is an independent, unofficial tool. It is not affiliated with, endorsed by, sponsored by, or associated with The Pokémon Company, Nintendo, Creatures Inc., Game Freak, or any card-grading company (such as PSA, BGS, CGC, or SGC).
Pokémon, card names, card images, set names, and related marks are the trademarks and copyrighted works of their respective owners. Those owners retain all rights in that content, which is referenced in the Service for identification and informational purposes only.
As between you and us, the BinderScan app, name, logo, and original content are owned by us and protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own personal, non-commercial collection tracking, subject to these Terms.
4. Your account
- Provide accurate information and keep your credentials secure; you are responsible for activity under your account;
- Notify us of any unauthorized use;
- One account per person unless we agree otherwise; and
- You may delete your account at any time from the app.
5. Acceptable use
You agree not to:
- Use the Service for any unlawful, infringing, or fraudulent purpose;
- Scrape, harvest, or bulk-extract data, or access the Service through automated means except as we expressly permit;
- Reverse engineer, decompile, or attempt to derive source code, or interfere with or disrupt the Service or its security;
- Abuse scans, credits, promotions, or the referral program — including by creating fake or multiple accounts to obtain rewards;
- Post content to the Feed or shops that is unlawful, infringing, deceptive, harassing, or that impersonates another person; or
- Misrepresent your affiliation with any person or entity.
6. Your content
You retain ownership of the content you submit (such as Feed posts, captions, and shop links). You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display that content as needed to operate and promote the Service. You represent that you have the rights to the content you submit and that it does not violate these Terms or any law. We may review, moderate, or remove content, and may suspend accounts, at our discretion.
7. Card identifications & valuations
Estimates only — not financial or grading advice.
Card identifications, market prices, PSA 10 figures, "grading upside," and any value labeled "Estimated" are provided for informational purposes only, on an "as is" basis. They are automated estimates drawn from third-party data and comparable cards, may be inaccurate, incomplete, or out of date, and are not guaranteed sale prices.
Nothing in the Service is financial, investment, tax, or grading advice, and no result is a recommendation to buy, sell, trade, or grade any card. You are solely responsible for your own decisions; verify details independently before acting. We are not liable for actions taken in reliance on any identification or value shown in the Service.
8. Scans, purchases & referrals
- Scan allowances are a license to use the identification feature a certain number of times; they have no monetary value and are not redeemable for cash.
- Scan packs and any other in-app purchases are sold as consumables through the Apple App Store and are billed to your Apple ID under Apple's terms. Consumed items are generally non-refundable except where required by Apple's policies or applicable law; refund requests are handled by Apple.
- Referral credits are promotional, have no cash value, and may be modified, limited, or revoked if we detect abuse or a violation of these Terms.
- [If you later offer auto-renewing subscriptions, add the required disclosures: price, billing period, auto-renewal, and how to cancel via the App Store.]
9. Third-party services
The Service relies on and links to third parties (for example, card-pricing data providers, the AI identification provider, and any seller/marketplace links in shops). We do not control and are not responsible for third-party services, data, or websites, and your use of them may be governed by their own terms.
10. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms or to protect the Service or other users. You may stop using the Service and delete your account at any time. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and indemnification) will survive.
11. Disclaimers
The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any identification or value will be accurate.
12. Limitation of liability
To the maximum extent permitted by law, BinderScan and its owners, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from or related to your use of the Service. Our total liability for any claim will not exceed the greater of the amount you paid us in the twelve months before the claim or [USD 50].
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
13. Indemnification
You agree to indemnify and hold harmless BinderScan from claims, damages, and expenses (including reasonable legal fees) arising out of your content, your use of the Service, or your violation of these Terms or applicable law.
14. Governing law & disputes
These Terms are governed by the laws of [STATE/COUNTRY], without regard to conflict-of-laws rules. [Choose and complete a dispute-resolution mechanism with counsel — e.g., venue for courts in [LOCATION], and/or a binding arbitration and class-action-waiver clause. Requirements vary by jurisdiction.]
15. Apple App Store terms
The following applies when you obtain the app through Apple's App Store, and supplements (and where it conflicts, governs over) the rest of these Terms for that use:
- These Terms are between you and BinderScan only, not with Apple. Apple is not responsible for the app or its content.
- Your license to use the app is a non-transferable license to use it on any Apple-branded device you own or control, as permitted by the App Store Terms of Service.
- Apple has no obligation to provide maintenance or support for the app.
- To the extent any warranty is not effectively disclaimed, Apple may refund the purchase price (if any); otherwise, Apple has no warranty obligation, and any other claims relating to the app are our responsibility, not Apple's.
- Apple is not responsible for addressing product-liability, legal/regulatory, or third-party intellectual-property claims relating to the app.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist-supporting," and are not on any U.S. Government restricted-party list.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
- You must comply with applicable third-party agreements, including the Apple Media Services Terms and Conditions.
16. Changes & contact
We may update these Terms from time to time; material changes will be noticed in the app, and continued use means you accept the updated Terms. For a minor's account, a material change to these Terms or to our Privacy Policy may require us to re-request age verification or renewed parental consent before continued use. [COUNSEL REVIEW: confirm re-consent triggers and mechanism under the applicable app-store accountability laws.] Questions: support@binderscans.com [replace with monitored support address].