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
- Agreeing to these terms
- Who can use BinderSpark
- What BinderSpark is, and isn't
- BinderSpark Pro
- Your content and share links
- Acceptable use
- Trademarks and not-affiliated notice
- Other services
- Disclaimers and limits
- Ending your account
- Law, disputes and changes
- 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
- You must be 13 or older. BinderSpark is not for children under 13.
- If you're under 18 (or the age of majority where you live), you need a parent's or guardian's permission, and they agree to these terms for you, including any Pro purchase.
- One person per account. Keep your password safe and tell us at [CONTACT EMAIL] if you think someone else got in.
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.
- Prices are estimates, not offers. They come from third-party providers, are shown with their date and source, and can be late, incomplete or wrong. We don't buy or sell cards.
- Not financial advice. Signals such as Sell, Hold or Watch are simple calculations from your own settings. Decide for yourself before buying or selling.
- Scanning can make mistakes. Check every match before you add it.
- BinderSpark is new and changing. Features may change, and the preview may lose data stored in your browser.
BinderSpark Pro
- Pro costs $3.99 per month [confirm price at launch] plus any tax, and adds Pro features (currently Deals). Everything else stays free.
- It's billed through Google Play, the Apple App Store or [WEB PAYMENT PROVIDER], depending on where you subscribe, and renews automatically each month until you cancel.
- Cancel any time in that store's subscription settings (or [web billing page]). You keep Pro until the end of the period you paid for.
- Refunds follow the store's rules (Google Play or Apple). For web purchases, [REFUND POLICY, e.g. contact us within 14 days].
- If the price changes, we'll tell you in advance and the store will ask you to agree where required. [free trial terms, if any]
Your content and share links
- Your collection data is yours. You give us permission to store, process and display it only to run BinderSpark for you, including on share pages you turn on.
- When you turn on a share link, anyone with the link can view that collection as described in the Privacy Policy. You're responsible for who you share it with, and you can turn it off any time.
- Don't put anything in names, notes or share pages that's illegal, hateful, someone else's private information, or that you don't have the right to use.
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.
See also: Privacy Policy