Terms of Service

Last updated: [effective date]

1. Agreement

These Terms of Service ("Terms") are an agreement between you and FMGP Collectibles LLC, doing business as Benchmark TCG ("Benchmark TCG," "we," "us"), covering the Benchmark TCG apps for desktop, iPhone and Android, the website at benchmarktcg.app, and every service we provide through them (together, the "Service"). By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. Who can use it

You must be at least 13 years old to use the Service. To use the selling features (bags, orders, shipping labels, customer records) you must be at least 18 and able to enter a binding contract. If you use the Service for a shop or business, you confirm you have the authority to agree to these Terms for it.

3. Your account

You need an account to use the Service. Keep your password and your device secure; everything done through your account is your responsibility. Tell us at once at benchmarktcg21@gmail.com if you think someone else has access. One person, one account; a shop may have staff accounts where the Service offers them. We may suspend or close accounts that break these Terms.

4. What the Service is

Benchmark TCG helps collectors and vendors track their cards, understand fair value, and run the selling side of the hobby: inventory, pricing with the evidence behind it, live shows and streams, customer bags and orders, shipping, trades, and the books. Features differ between the free and paid plans and between the desktop and phone apps, and they change as we build.

5. Prices are estimates, not advice

A Benchmark price, and every other price, value, trend, confidence figure or suggestion in the Service, is an estimate produced by rules applied to publicly available sales and listings from third-party marketplaces and data providers. We show the evidence behind it so you can judge it. It is not financial, investment, tax or legal advice, it is not an appraisal, and it is not a promise of what any card will sell for or what anyone will pay. Market data can be late, incomplete or wrong, and we do not guarantee its accuracy. You alone decide what to buy, sell, trade or offer, and at what price.

6. Your content

You own it. Your collection data, inventory, sales records, customer records, notes, card photos and anything else you put into the Service ("Your Content") stay yours. You give us only the license we need to store, process, display and back up Your Content to run the Service for you, and that license ends when you delete the content or your account, except for backups that age out on their own schedule and anything you contributed to the shared catalog (next section).

Catalog contributions. When you upload or confirm a photo of a raw card as the picture for that card, printing, stamp or reverse holo, you are contributing to the shared card catalog every Benchmark TCG user sees. You give us a worldwide, royalty-free, perpetual license to use, edit and display that photo in the catalog and the Service, and you confirm you took the photo or have the right to share it. Catalog contributions are not private and are not deleted when your account is.

Live art and your own photos. Animations generated for your cards and photos you attach to your own inventory are yours alone, are not part of the shared catalog, and are shown only to your account and on screens you choose to show them on.

Your responsibility. Do not put anything into the Service you do not have the right to put there, including other people's personal information without a lawful basis, and do not upload anything unlawful, infringing, hateful or malicious.

7. If you sell

The selling features are tools. The sales, trades, offers and shipments you make with them are yours. You are responsible for your customers and their personal information, for the accuracy of what you list and charge, for collecting and paying any taxes, for your shipping and your refunds, and for following the laws and the marketplace rules that apply to you, including the terms of TikTok, eBay, TCGplayer, Whatnot and any other platform you sell on. We are not a party to any sale between you and your customer and we do not hold or move money between you.

8. Third-party services

The Service connects to third parties: card catalog and price data providers, marketplaces, a shipping label service, Apple and Google sign-in, and the cloud providers that host it. Their services run under their own terms and privacy policies, we do not control them, and they can change or stop without notice. We are not responsible for their data, their availability or what they do with information you send them through the Service, such as a buyer's address sent to buy a shipping label.

9. Plans, payments and refunds

The Service is free while in beta. We will tell you before anything costs money. Paid plans, when they exist, bill on the schedule shown when you subscribe and renew until you cancel. Subscriptions bought through the Apple App Store or Google Play are billed, managed and refunded by Apple or Google under their rules; we cannot refund those ourselves. Subscriptions bought from us directly can be cancelled any time and stay active until the end of the period you paid for; we do not refund partial periods unless the law requires it.

10. Acceptable use

Do not: break into, probe or overload the Service; scrape, copy or redistribute our price data, catalog or evidence outside the Service; reverse engineer the apps; use the Service to deceive, defraud or harass anyone; use someone else's account; or resell access to the Service. We may limit, suspend or end access for anyone who does.

11. Our property

The Service, including the apps, the Benchmark name and logo, the pricing engine, the catalog as a whole and the evidence presentation, belongs to us or our licensors and is protected by intellectual property law. These Terms give you a personal, non-transferable right to use the Service under them, nothing more. Card names, images and marks belong to their owners; Benchmark TCG is not affiliated with or endorsed by The Pokémon Company, Nintendo, Creatures, GAME FREAK, or any card game publisher or marketplace.

12. Export and deletion

You can export your data from the Service at any time in a standard format. You can delete your account from inside the app or by asking us at benchmarktcg21@gmail.com; we remove Your Content within 30 days, apart from catalog contributions, anonymized data, and records we must keep by law.

13. Ending the agreement

You can stop using the Service and delete your account at any time. We can suspend or end your access if you break these Terms, if the law requires it, or if we shut the Service down, in which case we will give reasonable notice and a way to export your data where we can. Sections 5, 6, 7, 11, 14, 15, 16 and 17 survive the end of the agreement.

14. No warranty

The Service is in beta and is provided as is and as available. We do not promise it will be uninterrupted, error-free, secure, or that any price, value, match or scan will be accurate or complete. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

15. Limitation of liability

To the fullest extent the law allows, Benchmark TCG and its owner, staff and suppliers are not liable for any indirect, incidental, special, consequential or punitive damages, or any lost profits, lost sales, lost data or lost cards, arising from the Service or these Terms, however caused. Our total liability to you for everything arising from the Service in any twelve-month period is limited to the greater of the amount you paid us in those twelve months or one hundred US dollars. Some places do not allow some of these limits, so some may not apply to you.

16. Indemnity

You will defend and hold harmless Benchmark TCG and its owner and staff from claims, losses and costs, including reasonable legal fees, arising from Your Content, your sales and dealings with your customers, your use of the Service, or your breach of these Terms.

17. Disputes

These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. If you have a problem, write to us first at benchmarktcg21@gmail.com and we will try to sort it out within 30 days. If we cannot, any dispute will be resolved by binding individual arbitration in Orange County, California, under the rules of [the American Arbitration Association's Consumer Arbitration Rules], and not in court, except that either side may bring an individual claim in small claims court. You and we each waive the right to a jury trial and to take part in a class action. You can opt out of this arbitration clause by emailing benchmarktcg21@gmail.com within 30 days of first accepting these Terms. [Lawyer's call: keep arbitration, or plain California courts.]

18. Changes

We can change these Terms. If a change matters, we will tell you in the app or by email before it takes effect. Using the Service after that date means you accept the new Terms. The latest version is always at benchmarktcg.app/terms.

19. The rest

These Terms and the Privacy Policy are the whole agreement between you and us about the Service. If any part is found unenforceable, the rest stays in force and that part is read as narrowly as needed. You may not transfer these Terms; we may transfer them to a successor of the Service. Our not enforcing something once is not a waiver.

20. Contact

benchmarktcg21@gmail.com FMGP Collectibles LLC, Orange County, California