These Terms of Service (the "Terms") are a binding agreement between you and PowerList TCG LLC ("PowerList TCG," "we," "us," or "our") and govern your access to and use of the PowerList TCG website, applications, and services (together, the "Service"). Please read them carefully, including the sections on automated marketplace actions, disclaimers, and limitation of liability. By creating an account or using the Service, you agree to these Terms.
Acceptance Of These Terms
By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, you may not use the Service.
Who May Use The Service
You must be at least 18 years old and able to form a binding contract to use the Service. If you use the Service on behalf of a business, you represent that you are authorized to bind that business to these Terms, and "you" refers to that business.
Your Account
You are responsible for the information you provide, for keeping your login credentials secure, and for all activity that occurs under your account. Notify us promptly at [email protected] if you believe your account has been accessed without your permission. We are not liable for losses caused by unauthorized use of your account.
The Service
The Service provides tools that help you catalog trading cards, manage inventory, set prices, and create and manage listings on supported third-party marketplaces such as eBay and Shopify. Supported games, features, and marketplaces may change over time. We may add, modify, or remove features at our discretion.
Marketplace Integrations And Automated Actions
The Service connects to third-party marketplaces such as eBay and Shopify and can take automated actions on the marketplace accounts you connect. These actions may include creating, modifying, updating, pricing, publishing, ending, and synchronizing listings, inventory quantities, orders, and related marketplace data.
You acknowledge that these automated actions are performed at your direction and at your own risk. Automated systems can make mistakes, including incorrect product identification, prices, quantities, descriptions, conditions, images, or marketplace actions, and can be affected by errors, delays, or rejections from a marketplace. PowerList TCG does not guarantee that listing creation, pricing updates, inventory or order synchronization, or any other automated action will be accurate, complete, timely, or error-free.
You are responsible for reviewing and verifying automated outputs, prices, and configurations before relying on them or allowing them to affect your marketplace accounts. To the maximum extent permitted by law, we are not responsible for losses, including lost sales, underpriced or overpriced items, overselling, ended listings, or marketplace account actions, that result from automated actions, synchronization errors, or your configuration of the Service.
Your use of connected marketplaces and third-party services remains subject to the terms, policies, fees, and requirements of those services.
Automated Identification, Matching, And Pricing
Some features use automated and AI-assisted systems to identify cards, match them to catalog entries, assess condition, analyze images, and suggest prices. These outputs are estimates and may contain errors. For example, a card may be matched to the wrong product, finish, or edition, or a suggested price may not reflect its true market value.
You are responsible for reviewing and verifying all automated identification, matching, condition, and pricing output before listing an item, setting a price, or relying on it in any way. To the maximum extent permitted by law, PowerList TCG is not liable for decisions you make based on automated output.
Your Responsibilities For Connected Accounts
You are responsible for:
- connecting the correct marketplace accounts and maintaining valid, authorized credentials for them;
- reviewing automated changes to your listings, inventory, and prices;
- ensuring your listings, prices, and content comply with the rules and policies of each marketplace and with applicable law;
- monitoring your marketplace accounts; and
- configuring synchronization, pricing, and other rules appropriately for your business.
You remain responsible for your marketplace accounts and for everything listed or sold through them.
Plans, Billing, And Cancellation
Paid subscriptions are billed in advance on a recurring basis through our third-party payment processor, Stripe, Inc. By subscribing, you authorize recurring charges to your payment method, and your subscription automatically renews at the end of each billing period at the then-current price until you cancel. Plan features and limits, including the number of card scans included, are described at the time of purchase.
You may cancel at any time. Cancellation takes effect at the end of your current billing period, and you keep access until then. Except where required by law, payments are non-refundable, and we do not provide refunds or credits for partial billing periods or unused features. We may change our prices or plans and will give you reasonable notice of any change that affects your subscription before it takes effect. Continuing to use the Service after a price change takes effect means you accept the new price.
If a payment fails, we may retry your payment method and may suspend or terminate your subscription until payment is received.
Free Trials
We may offer free trials. The length of the trial, the plan it applies to, the price you will be charged when it ends, and the billing frequency are described in the applicable offer at the time you sign up, and that offer controls. Unless you cancel before the trial ends, your paid subscription will begin automatically and your payment method will be charged at the then-current price. We may modify or withdraw trial offers at any time.
Acceptable Use
You agree not to:
- use the Service for any unlawful purpose or in violation of any marketplace's rules;
- list or sell counterfeit, stolen, or infringing items, or misrepresent items you list;
- interfere with or disrupt the Service, or attempt to gain unauthorized access to it or its data;
- reverse engineer, copy, resell, or sublicense the Service except as permitted by law;
- use the Service, its APIs, data, or outputs to develop, train, operate, or support a substantially competing service. Ordinary internal use of the Service for your own business is not a violation of this provision.
You are solely responsible for the accuracy and legality of the listings, prices, and content you create using the Service.
Your Data And Content
You retain ownership of the data and images you upload or generate through the Service ("Your Content"). You grant us a non-exclusive, worldwide license to host, process, and use Your Content solely to operate and provide the Service to you and to the marketplaces you connect. You represent that you have the rights necessary to provide Your Content and that it does not violate the rights of any third party. Our handling of personal information is described in our Privacy Policy. Where we handle personal information about your buyers on your behalf, our Data Processing Agreement forms part of these Terms.
For clarity, Your Content does not include the Service's catalog data, normalized card data, listing templates, or other outputs that the Service generates, which are part of the Service and owned by PowerList TCG.
Data Retention And Account Closure
You may close your account at any time. Following account closure or termination, we may delete Your Content and account data after a reasonable period, subject to our backup, security, legal, accounting, and fraud-prevention requirements. Backups may persist for a limited time after data is removed from active systems, and we may retain information where we are required or permitted to do so by law. You may export certain account and inventory data using the features we make available through the Service. We do not guarantee access to the Service or to your data after your account is closed.
Our Intellectual Property
The Service, including its software, design, text, graphics, and the PowerList TCG name and logo, is owned by PowerList TCG LLC and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. All rights not expressly granted are reserved. The names and logos of the games and marketplaces referenced in the Service are the property of their respective owners and are used for identification only; their use does not imply any affiliation or endorsement.
Service Availability, Maintenance, And Changes
We may temporarily suspend, limit, or interrupt access to the Service for maintenance, updates, security measures, infrastructure changes, or other operational reasons, with or without notice. We may also change, add, or remove features at any time. We are not responsible for losses resulting from the temporary unavailability of the Service or from changes to its features.
Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure.
Without limiting the above, PowerList TCG does not guarantee any sales, profits, pricing accuracy, marketplace visibility, search ranking, listing approval, marketplace acceptance, or sell-through rates. You use the Service and rely on its output at your own risk.
No Professional Advice
The Service, including any pricing information, analytics, projections, or recommendations, is provided for general informational purposes only. PowerList TCG does not provide financial, investment, tax, legal, or appraisal advice, and you should not rely on the Service as a substitute for professional advice. All decisions you make using the Service are your own.
Limitation Of Liability
To the maximum extent permitted by law, PowerList TCG LLC and its owners, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business, arising out of or related to your use of the Service, even if we have been advised of the possibility of such damages. Our total liability for any claim arising out of or related to the Service will not exceed the total amount you paid us for the Service in the twelve months before the event giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
Indemnification
You agree to indemnify and hold harmless PowerList TCG LLC and its owners, employees, and agents from any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, Your Content, your listings or sales, or your violation of these Terms or any third party's rights.
Suspension And Termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access to the Service, in whole or in part, with or without notice, if: you violate these Terms; we suspect fraud, abuse, or a security threat; you fail to pay amounts due or initiate a chargeback; your use is excessive or places an undue burden on the Service or its integrations; you violate a marketplace's rules; your activity could expose PowerList TCG to legal liability; or we discontinue the Service. Upon termination, your right to use the Service ends. Sections that by their nature should survive termination, including ownership, disclaimers, limitation of liability, and indemnification, will survive. Termination does not relieve you of any payment obligations you incurred before termination.
Force Majeure
PowerList TCG is not liable for any failure or delay in providing the Service caused by events beyond our reasonable control, including cloud or hosting provider outages, internet or network failures, outages or changes to third-party marketplaces or their APIs, cyberattacks, natural disasters, government actions, labor disruptions, and power failures.
Dispute Resolution And Governing Law
These Terms are governed by the laws of the State of Louisiana, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Louisiana, and you consent to the personal jurisdiction of those courts.
Changes To These Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, notify you. Changes take effect when posted. Your continued use of the Service after changes take effect means you accept the updated Terms.
Miscellaneous
These Terms, together with our Privacy Policy, are the entire agreement between you and PowerList TCG regarding the Service and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We may provide notices to you through the Service or by email.
