Draft, not yet reviewed by a lawyer. Highlighted [brackets] are placeholders. Nothing here is in effect yet.

Legal

Terms of Service

Effective date: [EFFECTIVE DATE] · Last updated: [EFFECTIVE DATE]

The rules for using BinderSpark, in plain language. Please also read the Privacy Policy.

On this page
  1. Agreeing to these terms
  2. Who can use BinderSpark
  3. What BinderSpark is, and isn't
  4. BinderSpark Pro
  5. Your content and share links
  6. Acceptable use
  7. Trademarks and not-affiliated notice
  8. Other services
  9. Disclaimers and limits
  10. Ending your account
  11. Law, disputes and changes
  12. Contact

Agreeing to these terms

These terms are an agreement between you and NWK Designs Inc., a California corporation in San Luis Obispo County ("we", "us"), for the BinderSpark website, web companion and Android and iOS apps ("BinderSpark"). By creating an account or using BinderSpark you agree to them and to our Privacy Policy. If you don't agree, please don't use BinderSpark.

Who can use BinderSpark

What BinderSpark is, and isn't

BinderSpark helps you track your trading card collection: cards, graded slabs and sealed product, with estimated values, price history, set progress and sell/hold signals based on settings you choose.

BinderSpark Pro

Your content and share links

Acceptable use

Please don't: break the law with BinderSpark; try to get into other accounts or our systems; scrape, overload or reverse-engineer the service or its price data; resell BinderSpark data; use bots to create accounts; or use share pages to mislead buyers (for example, about a card's condition or grade).

We may suspend or close accounts that break these rules.

Trademarks and not-affiliated notice

BinderSpark is a fan-made tool and is not affiliated with, endorsed by or sponsored by Nintendo, The Pokémon Company, Game Freak or Creatures. Pokémon, the Pokémon Trading Card Game and Pokémon character names are trademarks of their respective owners. Card names and images are shown only to identify the cards you own.

The BinderSpark name, the bolt logo, Bolt and the other BinderSpark characters, and the app's design and code belong to NWK Designs Inc. Card data and prices belong to their providers.

Other services

BinderSpark relies on and links to other services (app stores, sign-in providers, card catalogs, price providers, marketplaces like TCGplayer or eBay). Their terms apply to them, and we aren't responsible for their content or availability.

Apple users: these terms are between you and NWK Designs Inc., not Apple. Apple has no duty to provide support or maintenance for BinderSpark and isn't responsible for claims about it. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them. [Lawyer to confirm App Store EULA wording]

Disclaimers and limits

BinderSpark is provided "as is" and "as available". To the extent the law allows, we make no warranties about accuracy (including prices and scan results), availability or fitness for a particular purpose.

To the extent the law allows, NWK Designs Inc. isn't liable for indirect or consequential losses, including trading or investment losses based on prices or signals, and our total liability for any claim is limited to the greater of what you paid us in the 12 months before the claim or $50. Some places don't allow these limits, so they may not all apply to you.

Ending your account

You can delete your account at any time (see the Privacy Policy). We may suspend or end access if you break these terms or if we stop offering BinderSpark; if we shut down, we'll give reasonable notice and a way to export your data where we can.

Law, disputes and changes

California law governs these terms. Before filing a claim, please contact us at [CONTACT EMAIL] so we can try to fix it. Disputes go to the state or federal courts in San Luis Obispo County, California, and either side may use small-claims court. [Lawyer to review: arbitration, class-action waiver]

We may update these terms. We'll change the date at the top and tell you about important changes before they take effect. Using BinderSpark after that means you accept the new terms.

Contact

NWK Designs Inc., San Luis Obispo County, California, USA · [CONTACT EMAIL]

See also: Privacy Policy