Terms of Service

Please read carefully. These Terms of Service (these “Terms”) contain a mandatory arbitration provision and class-action waiver in Section 17 that affect your legal rights. They also limit our liability to you. By creating an account or using the Service you agree to be bound by these Terms.

1. Acceptance of these Terms

These Terms govern your access to and use of the website at masterys.org, the Masterys progressive web app, any associated mobile applications, and all related software, content, features, and services (collectively, the “Service”) provided by Masterys (“Masterys”, “we”, “us”, or “our”). By accessing or using the Service, by creating an account, by clicking a button or checkbox indicating acceptance, or by otherwise expressly agreeing to these Terms, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

If you are accepting these Terms on behalf of a company, organisation, or other legal entity, you represent and warrant that you have authority to bind that entity, and “you” and “your” refer to that entity.

2. Eligibility

You must be at least 13 years of age to use the Service. If you are between 13 and the age of majority in your jurisdiction, you must have your parent or legal guardian’s permission to use the Service, and they must read and agree to these Terms on your behalf. You represent and warrant that (a) you meet these age requirements, (b) you have the legal capacity to enter into these Terms in your jurisdiction, and (c) your use of the Service does not violate any applicable law.

3. Your account

To access most features of the Service you must register for an account through our authentication provider (Auth0 by Okta). You are responsible for maintaining the confidentiality of any credentials used to access your account, for all activity that occurs under your account, and for notifying us promptly if you become aware of any unauthorised use. You agree to provide accurate and current information at registration and to promptly update it as needed. You may not share your account with anyone, and you may not transfer or assign your account without our prior written consent.

We may refuse registration, suspend, or terminate an account at any time, with or without notice, for any conduct that we in our sole reasonable discretion determine to violate these Terms or to be otherwise harmful to the Service, to other users, or to us.

4. The Service

The Service is a tool that helps trading-card collectors track master sets, log cards they own, and visualise binder layouts. Specific features include card scanning (in which images you capture are processed by an automated vision model to identify the card depicted), per-set checklists, binder pocket layouts, optional AI-assisted condition grading, and display of market-price estimates sourced from third parties.

Card identification is automated and best-effort. The card-recognition feature uses a third-party machine-learning model (currently OpenAI’s Vision API) and may return incorrect, incomplete, or no results. You are solely responsible for verifying the identity of any card before relying on the Service’s output.

AI grading is an estimate, not an authentication or grade. The optional condition-grading feature provides an automated visual estimate of card condition for personal organisational purposes only. It is not, and shall not be construed as, a professional grade or authentication issued by a third-party grading company. We do not represent that grading output is accurate, reproducible, or fit for any commercial purpose, including resale, insurance, or appraisal.

Market prices are estimates supplied by third parties. Where the Service displays a market price, that price is derived from public third-party data sources and may be delayed, inaccurate, or unavailable. The Service does not facilitate purchases or sales of cards; you are responsible for any transaction you choose to enter into based on information surfaced through the Service.

5. Subscriptions, billing, and refunds

Certain features of the Service are available only to paying subscribers (the “Basic” plan, as currently offered at five U.S. dollars per month, or such other plans as we may offer from time to time). Subscriptions are billed in advance on a recurring basis (monthly unless otherwise stated) and will automatically renew at the then-current rate until you cancel. By subscribing you authorise us, through our payment processor Stripe, Inc., to charge your payment method for the applicable fees, taxes, and surcharges.

Cancellation. You may cancel your subscription at any time from the Account dashboard or through Stripe’s customer portal. Cancellation takes effect at the end of the then-current billing period, and you will retain access to paid features through that date. We do not provide refunds or credits for partial billing periods, for unused features, or for periods during which you did not use the Service, except where required by applicable law.

Price and feature changes. We may change subscription pricing or modify the features included in a plan from time to time. If we increase the price of a subscription, we will provide notice through the Service or by email at least thirty (30) days before the change takes effect, and the new price will apply at your next renewal.

Taxes. Prices displayed in the Service may be exclusive of applicable sales, use, value-added, goods-and-services, or similar taxes, which will be added at checkout where required by law.

6. Acceptable use

You agree that you will not, and will not attempt to:

• violate any applicable law, regulation, or third-party right while using the Service;
• upload, transmit, or otherwise make available any content that is unlawful, infringing, defamatory, obscene, hateful, harassing, or harmful;
• use the Service to infringe any patent, copyright, trademark, trade secret, right of privacy or publicity, or other proprietary right of any party;
• reverse engineer, decompile, or disassemble any portion of the Service, or attempt to discover the source code or underlying ideas or algorithms of the Service, except to the limited extent applicable law expressly permits despite this limitation;
• circumvent, disable, or interfere with security-related features of the Service, including rate limits, content protections, or features that restrict use or copying;
• scrape, crawl, or otherwise extract data from the Service other than through interfaces we expressly provide and in accordance with these Terms;
• use the Service to develop a competing product, except to the limited extent allowed by applicable law;
• probe, scan, or test the vulnerability of the Service, or breach any security or authentication measure, except pursuant to a coordinated-disclosure program we have agreed to in writing;
• upload any virus, worm, malware, or other malicious code, or transmit unsolicited bulk messages of any kind through the Service;
• resell, sublicense, lease, or otherwise commercially exploit the Service or any portion thereof without our prior written consent.

7. User content

You retain all right, title, and interest in and to the data you create or upload through the Service, including the contents of your binder, the master-set goals you pin, the preferences you set, and the images you capture while using the scanning features (collectively, “Your Content”).

You grant Masterys a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to host, store, copy, transmit, display, modify, create derivative works of, and otherwise process Your Content solely for the purpose of operating, providing, and improving the Service, and for the additional purposes set out in our Privacy Policy. This licence terminates when Your Content is deleted from the Service, except (a) to the extent Your Content has been shared with others (which may continue to display copies they have saved) and (b) for backups retained in the ordinary course of operating the Service, which are recycled in accordance with our retention practices.

You represent and warrant that you have all rights necessary to grant the foregoing licence, that Your Content is accurate, and that Your Content and your use of the Service do not violate these Terms or any applicable law or third-party right.

8. Intellectual property

The Service, including its design, source code, software, visual interfaces, graphics, logos, and text (other than Your Content), is owned by Masterys and its licensors and is protected by U.S. and international copyright, trademark, and other intellectual-property laws. Subject to your compliance with these Terms, Masterys grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Service for your personal, non-commercial purposes. No other rights are granted by implication, estoppel, or otherwise.

Third-party trademarks. The names “Pokémon”, “Pokémon TCG”, and the names of card sets, characters, and packaging surfaced through the Service are trademarks or registered trademarks of their respective owners (including The Pokémon Company International, Inc. and Nintendo). Masterys is not affiliated with, endorsed by, sponsored by, or specifically approved by any of those rights holders. References to such trademarks within the Service are nominative fair use solely to identify and catalogue the publicly available products to which they refer.

Feedback. If you submit comments, suggestions, ideas, or other feedback about the Service (“Feedback”), you grant Masterys a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable licence to use the Feedback for any purpose without compensation to you and without obligation to keep it confidential. We may incorporate the Feedback into the Service without acknowledgment.

9. Copyright and DMCA notices

We respect the intellectual-property rights of others and expect users of the Service to do the same. If you believe in good faith that material on the Service infringes your copyright, you may submit a notice to us pursuant to the Digital Millennium Copyright Act (“DMCA”) that includes (a) a physical or electronic signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to allow us to locate the material; (d) your contact information; (e) a statement that you have a good-faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law; and (f) a statement under penalty of perjury that the information in the notification is accurate and that you are authorised to act on the owner’s behalf. You can submit your notice through the in-app help screen, marked “DMCA Notice”. We will respond to properly submitted notices in accordance with the DMCA, and we may terminate the accounts of users we determine to be repeat infringers.

10. Privacy

Our collection, use, and disclosure of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service you consent to the data practices described in that Policy.

11. Modifications to the Service

We are continuously improving the Service. We may add, modify, suspend, or discontinue any feature of the Service at any time, with or without notice. To the maximum extent permitted by applicable law, we will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

12. Modifications to these Terms

We may revise these Terms from time to time. When we revise them, we will post the updated Terms on the Service and update the effective date and version at the top of this page. If we make a material change to the Terms, we will provide additional notice (such as by email, an in-product banner, or re-prompting acceptance through the in-app legal gate). Your continued use of the Service after the effective date of the updated Terms constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

13. Termination

You may terminate these Terms at any time by deleting your account from the Account dashboard. We may suspend or terminate your access to the Service at any time, with or without notice and with or without cause, including if we believe that you have violated these Terms or that your use of the Service poses a risk to Masterys, our users, or third parties. Upon termination, your right to use the Service immediately ceases. Sections 7, 8, 9, 14, 15, 16, 17, 18, 19, and 20 will survive termination.

14. Disclaimer of warranties

The Service, including all content, features, and information provided through it, is provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by applicable law, Masterys disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

Without limiting the foregoing, Masterys does not warrant that (a) the Service will meet your requirements or expectations; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from the Service, including card-recognition output, AI-grading output, or market-price estimates, will be accurate or reliable; or (d) any errors in the Service will be corrected. Any material obtained through the use of the Service is accessed at your own risk, and you will be solely responsible for any damage to your device or loss of data resulting from such material.

15. Limitation of liability

To the maximum extent permitted by applicable law, in no event will Masterys, its affiliates, or its or their respective officers, directors, employees, agents, suppliers, or licensors (the “Masterys Parties”) be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, use, data, or other intangible losses, arising out of or relating to these Terms or the Service, whether based in contract, tort (including negligence), strict liability, or any other legal theory, even if a Masterys Party has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, the aggregate liability of the Masterys Parties for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amounts you actually paid to Masterys in the twelve (12) months immediately preceding the event giving rise to the claim or (b) one hundred U.S. dollars (USD 100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, the liability of the Masterys Parties is limited to the greatest extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless the Masterys Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorneys’ fees) arising from or relating to (a) your use of and access to the Service, (b) Your Content, (c) your violation of these Terms, (d) your violation of any third-party right (including any intellectual-property right or right of privacy), or (e) any claim that your use of the Service caused damage to a third party. This indemnification obligation will survive these Terms and your use of the Service.

17. Dispute resolution; arbitration; class-action waiver

Please read this section carefully — it affects your legal rights. Subject to the exceptions set out below, you and Masterys agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) will be resolved by binding individual arbitration in accordance with the procedures set out in this Section 17, and not in a court of general jurisdiction.

Informal resolution. Before initiating an arbitration, you agree to first contact us through the in-app help screen and provide a brief written description of the Dispute and your contact information. We agree to use good-faith efforts to resolve the Dispute informally for sixty (60) days from the date you give us notice; you may bring a formal proceeding only after that period.

Arbitration agreement. If we cannot resolve the Dispute informally, you and Masterys agree that the Dispute will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time arbitration is initiated, including (if applicable) AAA’s Mass Arbitration Supplementary Rules. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Section. The AAA’s rules are available at www.adr.org.

Arbitrator authority. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute, including any dispute about the scope, applicability, interpretation, formation, validity, or enforceability of this arbitration agreement. The arbitrator may grant any remedy or relief that a court of competent jurisdiction could grant, but only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Class-action waiver. YOU AND MASTERYS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If a court or arbitrator determines that this class-action waiver is unenforceable, then the entirety of this Section 17 will be null and void with respect to the affected Dispute, and the Dispute will be resolved in a court of competent jurisdiction in accordance with Section 18.

Small-claims carve-out. Notwithstanding the foregoing, either party may bring an individual claim in small-claims court for any Dispute within the scope of that court’s jurisdiction.

Injunctive relief carve-out. Either party may seek an injunction or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of that party’s copyrights, trademarks, trade secrets, patents, or other intellectual-property rights.

30-day opt-out right. If you do not want to be bound by this arbitration agreement and class-action waiver, you may opt out by sending us written notice through the in-app help screen within thirty (30) days of the date you first accept these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other portion of these Terms.

18. Governing law and venue

These Terms and any Dispute will be governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without regard to its conflict-of-laws principles. For any Dispute not subject to arbitration under Section 17 (for example, where this arbitration agreement is held unenforceable), you and Masterys irrevocably submit to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, and waive any objection to jurisdiction or venue in those courts.

19. International users; export controls

The Service is operated from the United States. We make no representation that the Service is appropriate or available for use in any particular location. You are responsible for compliance with local laws when using the Service. You represent and warrant that you are not located in, under the control of, or a national or resident of any jurisdiction embargoed by the United States, and that you are not on the U.S. Department of the Treasury’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You agree to comply with all applicable export and re-export control laws and regulations, including the U.S. Export Administration Regulations.

20. Miscellaneous

Entire agreement. These Terms (together with the Privacy Policy and any other policies referenced in or hyperlinked from these Terms) constitute the entire agreement between you and Masterys relating to the Service and supersede all prior or contemporaneous agreements or communications.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that provision later. A waiver of any provision of these Terms is effective only if in writing and signed by an authorised representative of Masterys.

Assignment. You may not assign or transfer these Terms, or any of your rights or obligations under these Terms, without our prior written consent, and any attempted assignment without that consent is void. We may freely assign these Terms in connection with a merger, acquisition, financing, reorganisation, bankruptcy, or sale of all or part of our assets.

Notices. We may give you notices about the Service through the Service itself, by email to the address associated with your account, or through other reasonable means. You may give us notice through the in-app help screen.

Force majeure. We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, embargo, failures of the public Internet or third-party infrastructure, and governmental actions.

Contact. Questions about these Terms may be raised from the in-app help screen.