PLEASE READ THIS END USER LICENSE AGREEMENT (the “Agreement”) CAREFULLY. BY CLICKING “ACCEPT,” REDEEMING AN ACCESS CODE, OR OTHERWISE ACCESSING OR USING THE TCGENIE APPLICATION AND SERVICES (the “Service”), YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, CLICK “REJECT” AND DO NOT ACCESS OR USE THE SERVICE.
This Agreement is between you (“you,” “your,” or “Licensee”) and TCGenie LLC, a Florida limited liability company (“TCGenie,” “we,” “us,” or “Licensor”). If you accept on behalf of a business, you represent that you are authorized to bind that business, and “you” includes that business.
Subject to your continuous compliance with this Agreement and payment of any applicable fees, TCGenie grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your own internal business of buying, pricing, valuation, inventory management, invoicing, labeling, reporting, listing, selling, and related business workflows for trading cards. We reserve all rights not expressly granted. No license is granted by implication, estoppel, or otherwise.
You shall NOT, and shall not permit or enable any third party to:
The Service is licensed, not sold. As between the parties, TCGenie and its licensors exclusively own and retain all right, title, and interest in and to the Service and every component of it, including all software, source and object code, designs, “look and feel,” user interfaces, workflows, the QR-code, label, pricing, and valuation systems, methods, processes, and algorithms, and all patents, copyrights, trademarks, trade secrets, know-how, and other intellectual property rights therein — together with all modifications, enhancements, and derivative works thereof, regardless of who creates or suggests them. The Service embodies valuable trade secrets and proprietary and confidential information of TCGenie. No rights are granted to you except the limited license in Section 2; all other rights are expressly reserved. Your business data (your sales, intake, inventory, and business information) remains yours, and you grant us a non-exclusive license to host, process, and display it to provide the Service and to use de-identified and aggregated data to operate, secure, and improve the Service.
The Service and its software, code, structure, non-public features, methods, algorithms, pricing and valuation logic, QR/label formats, and any other non-public information we make available are our “Confidential Information.” You will (a) use Confidential Information only as needed to use the Service as permitted; (b) not disclose, publish, or make it available to any third party; and (c) protect it using at least the same degree of care you use for your own confidential information, and no less than reasonable care. You will not attempt to access, derive, or analyze Confidential Information except as expressly allowed by Section 3. These obligations survive termination and continue for as long as the information remains a trade secret or otherwise confidential. This Section does not apply to information that becomes publicly available through no act or fault of yours.
If you provide suggestions, ideas, feature requests, bug reports, feedback, or other submissions regarding the Service, you grant TCGenie a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use, modify, reproduce, distribute, commercialize, and otherwise exploit such feedback for any purpose without restriction, compensation, acknowledgment, or attribution to you.
“TCGenie,” the TCGenie logo, and related names, marks, and trade dress are trademarks of TCGenie. This Agreement grants you no right or license to use them. You will not use, display, register, or seek to register any TCGenie mark (or any confusingly similar name or mark), or imply any sponsorship or endorsement by TCGenie, without our prior written consent.
The Service may be provided as a beta, preview, or evaluation release. Beta software may contain bugs, errors, incomplete functionality, inaccurate pricing information, missing features, or security vulnerabilities. Features, functionality, pricing, and availability may change or be discontinued at any time without notice.
You acknowledge that the Service may not perform as expected and should not be relied upon as your sole source of business records. You are responsible for maintaining independent backups of any important inventory, sales, customer, or business information.
We may suspend, modify, or terminate beta access at any time, with or without notice.
All prices, “suggested” values, market values, comparable sales, and grading or population estimates provided by the Service are informational estimates only, derived from third-party sources and automated methods, and may be inaccurate, delayed, or incomplete. They are not appraisals, guarantees, or financial advice. You are solely responsible for the prices you set and the buy/sell decisions you make. TCGenie does not guarantee any sale, value, grade, or outcome.
The Service is provided solely as a software tool for informational and business convenience purposes. Nothing provided by the Service, including pricing information, market data, AI-generated content, descriptions, classifications, recommendations, or other outputs, constitutes legal, tax, accounting, financial, appraisal, grading, investment, or other professional advice. You are solely responsible for independently verifying all information and for making your own business decisions.
The Service interoperates with third-party services and data sources (including, without limitation, TCGplayer, CardLadder, eBay, PriceCharting, tcgsearch, and others) which are governed by their own terms. We do not control and are not responsible for third-party services or data, and their availability, accuracy, or terms may change without notice.
Certain features of the Service may use artificial intelligence or automated systems to generate descriptions, classifications, pricing suggestions, recommendations, or other outputs. AI-generated content may be inaccurate, incomplete, outdated, or incorrect. You are solely responsible for reviewing and verifying all AI-generated outputs before relying on them. TCGenie makes no warranty regarding the accuracy, completeness, or suitability of AI-generated content.
Access is gated by codes we issue. You are responsible for keeping your code(s) confidential and for all activity under your account. Notify us promptly of any unauthorized use. We may disable any code or account at any time.
You retain ownership of the business data, inventory information, images, customer information, and other content you submit through the Service. You represent and warrant that you own or have all necessary rights, permissions, and authority to upload, store, process, and use such content through the Service, and that your use of the Service does not violate any law or the rights of any third party.
You are solely responsible for all content submitted through your account.
Paid plans, if any, are billed as described at the point of purchase. Except where required by law, fees are non-refundable. We may change fees with notice for future billing periods.
We store the account, business, sales, intake, and inventory data you enter in order to operate the Service, and limited usage information. We do not sell your personal data. You are responsible for the lawfulness of data you submit and for your own customers’ data and receipts you generate using the Service.
By creating an account or using the Service, you consent to receive electronic communications from TCGenie, including account notifications, verification codes, security alerts, product updates, invoices, billing notices, and other communications related to your use of the Service. You agree that such electronic communications satisfy any legal requirement that communications be provided in writing.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DATA OR PRICE WILL BE ACCURATE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TCGENIE AND ITS OWNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE CLAIM, OR (B) USD $50.
You will defend, indemnify, and hold harmless TCGenie and its owners from any claims, damages, liabilities, and costs (including reasonable attorneys’ fees) arising from your use of the Service, your data, your sales and pricing decisions, or your breach of this Agreement.
You acknowledge that any actual or threatened breach of Section 3 (Restrictions), Section 4 (Ownership; Intellectual Property; Trade Secrets), Section 5 (Confidentiality), or Section 7 (Trademarks) would cause TCGenie immediate and irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, in addition to all other remedies available at law or in equity, TCGenie is entitled to seek immediate injunctive and other equitable relief to prevent or stop such breach without the necessity of posting a bond or proving actual damages. In any action to enforce those Sections or our intellectual property rights, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs. Our failure or delay in enforcing any right is not a waiver of it.
This Agreement is effective until terminated. We may suspend or terminate your access and license at any time, with or without cause, including for any breach. Upon termination, your license ends immediately and you must stop using the Service and destroy any copies of our Confidential Information in your control. Sections 3 through 7 and 9 through 21 survive termination.
We may update this Agreement. If we make material changes, we will present the updated Agreement for your acceptance. Continued use after acceptance constitutes agreement to the updated terms.
This Agreement is governed by the laws of the State of Florida, USA, without regard to conflict-of-laws rules. The state and federal courts located in Florida will have exclusive jurisdiction, and you consent to personal jurisdiction and venue there. You and TCGenie waive any right to a jury trial and to participate in a class action to the extent permitted by law.
You may not access or use the Service in violation of any applicable export control, sanctions, or trade laws or regulations of the United States or any other applicable jurisdiction. You represent and warrant that you are not located in, under the control of, or a resident of any country or territory subject to comprehensive sanctions, and are not listed on any government-maintained restricted or prohibited party list.
This Agreement is the entire agreement between you and TCGenie regarding the Service and supersedes all prior agreements. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the rest remains in full effect. You may not assign or transfer this Agreement or your account; we may assign it freely. Nothing creates a partnership, agency, or employment relationship. Notices to us: nick@tcgenie.io.