Terms of Service
Legal agreement for using Pokefolio
Welcome to Pokefolio
Welcome to Pokefolio! These Terms and Conditions govern your use of Pokefolio, a Pokémon TCG collection tracking application. By accessing or using Pokefolio, you agree to these Terms. Please read them carefully.
These are the Terms and Conditions of Marius Eckerle, established in Baden-Baden, Germany. VAT ID: DE352888406
1. Definitions
The following definitions apply throughout these Terms:
Account
Your user account created through our authentication system that allows you to access and use the Services.
Agreement
The legally binding agreement between you (the User) and Pokefolio, consisting of these Terms, our Privacy Policy, and Apple's Standard End User License Agreement.
App
The Pokefolio application for iOS, including all features, updates, and related services.
Content
All data, information, images, and materials you create, upload, or store within the App, including your Pokémon card collection data, portfolio information, and user-generated content.
Premium Subscription
The paid subscription tier ("Pokefolio Pro") that provides access to premium features including unlimited collection tracking, card scanning, AI grading, and advanced market insights.
Services
All features, functionality, and services provided through the App, including but not limited to collection tracking, price monitoring, market analysis, card scanning, and portfolio management.
2. Hierarchy of Terms
These Terms work in conjunction with other agreements. In case of conflict, the following hierarchy applies:
- Apple's Standard End User License Agreement (EULA)
- These Terms and Conditions
- Our Privacy Policy
- In-app purchase terms via Apple's App Store
The App is distributed through Apple's App Store and is subject to Apple's Standard EULA, available at: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
3. Acceptance of Terms
By downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, you must not use the App and should delete it from your device.
You must be at least 13 years old to use the App. If you are under 18, you must have parental or guardian consent to use the App.
4. License to Use the App
Subject to your compliance with these Terms, Pokefolio grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices that you own or control, solely for your personal, non-commercial use.
License Restrictions
You may not:
- Copy, modify, or create derivative works of the App
- Reverse engineer, decompile, or disassemble the App
- Remove or alter any copyright, trademark, or other proprietary notices
- Use the App to develop a competing product or service
- Rent, lease, lend, sell, sublicense, or transfer the App
- Use the App for any illegal or unauthorized purpose
- Circumvent any technical limitations or security measures in the App
5. Account and Authentication
To use certain features of the App, you must create an account and authenticate using your credentials.
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your Account
- Notifying us immediately of any unauthorized use of your Account
We reserve the right to suspend or terminate your Account if we suspect any unauthorized or improper use.
6. Premium Subscription
Subscription Terms
Pokefolio Pro is offered as an auto-renewing subscription through Apple's In-App Purchase system. By subscribing, you agree to the following:
- Free Trial: New subscribers may be eligible for a free trial period. You must cancel before the trial ends to avoid charges.
- Billing: Payment is charged through your Apple ID account at confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period.
- Renewal: Your account will be charged for renewal within 24 hours prior to the end of the current subscription period.
- Cancellation: You can manage or cancel your subscription through your Apple ID Account Settings. Cancellation takes effect at the end of the current billing period.
- Refunds: All purchases are processed through Apple's payment system. Refund requests must be submitted to Apple in accordance with their refund policy.
Price Changes
We reserve the right to modify subscription pricing at any time. Price changes for existing subscribers will take effect at the start of the next subscription period following notice of the change.
7. Rules of Use
You agree not to use the App or Services to:
- Violate any applicable laws or regulations
- Infringe upon intellectual property rights of Pokefolio or third parties
- Upload or transmit viruses, malware, or other harmful code
- Attempt to gain unauthorized access to the App or related systems
- Interfere with or disrupt the App's functionality or servers
- Use automated systems (bots, scrapers) to access the App
- Collect personal information about other users
- Impersonate any person or entity
- Engage in any fraudulent or deceptive activities
We reserve the right to suspend or terminate your access if you violate these rules.
8. Your Content and Data
Ownership
You retain all ownership rights to your Content. By using the App, you grant us a limited license to store, process, and display your Content solely for the purpose of providing the Services.
Backup and Data Loss
You are solely responsible for maintaining backups of your Content. While we strive to maintain data integrity, we are not responsible for any loss, corruption, or deletion of your Content.
Privacy
Our collection and use of personal data is governed by our Privacy Policy.
9. Market Data and Pricing Information
No Warranty
The App provides market data, pricing information, and analytics for Pokémon TCG cards sourced from third-party providers including Cardmarket, TCGPlayer, and eBay. This information is provided "as is" without any warranty of accuracy, completeness, or timeliness.
Not Financial Advice
Market analysis, ROI calculations, and investment insights provided by the App are for informational purposes only and do not constitute financial, investment, or professional advice. You should not rely solely on this information for making investment decisions.
Third-Party Data
We aggregate data from third-party sources but do not guarantee its accuracy. Actual market prices may differ from displayed values. Always verify pricing information independently before making purchases or sales.
10. AI Features
The App includes AI-powered features such as card scanning and grading assistance. These features use machine learning models and are subject to the following limitations:
- AI predictions and assessments are estimates and may not be accurate
- Results should not be relied upon for professional grading decisions
- We do not guarantee the accuracy or reliability of AI-generated content
- AI features may be modified, limited, or discontinued at any time
11. Third-Party Services and Content
The App integrates with and references third-party services including:
- Cardmarket and TCGPlayer for pricing data
- eBay for sales data
- PSA, BGS, CGC, SGC for grading information
- Supabase for data storage and authentication
- RevenueCat for subscription management
These third-party services are governed by their own terms and policies. We are not responsible for the availability, accuracy, or content of third-party services.
Pokémon and Pokémon TCG are trademarks of Nintendo, The Pokémon Company, and Game Freak. This App is not affiliated with, endorsed by, or sponsored by Nintendo, The Pokémon Company, or Game Freak.
12. Intellectual Property Rights
Pokémon Trading Card Game Intellectual Property
The information presented in the App about the Pokémon Trading Card Game, including card images, names, text, symbols, and all related materials, is intellectual property of The Pokémon Company, Nintendo, Game Freak, Creatures, and/or Wizards of the Coast. Pokefolio is not produced by, endorsed by, supported by, or affiliated with any of these companies.
Third-Party Data and Services
Market data, pricing information, and card valuations are sourced from third-party providers including Cardmarket, TCGPlayer, eBay, and PSA. All trademarks, logos, and brand names of these third parties are the property of their respective owners.
Pokefolio's Intellectual Property
The intellectual property in other materials contained in the App and on our website (which are not part of the Pokémon Trading Card Game itself or third-party data), are owned by or licensed to Pokefolio and are protected by applicable copyright and trademark law. This includes:
- The Pokefolio name, logo, and branding
- App design, user interface, and functionality
- Source code, algorithms, and proprietary technology
- Documentation and marketing materials
- Original analysis, charts, and data visualizations
Feedback and Suggestions
If you provide feedback, suggestions, or ideas about the App, you grant us a perpetual, worldwide, royalty-free, transferable license to use and incorporate such feedback without compensation or obligation to you.
13. Updates and Maintenance
We may from time to time:
- Release updates, upgrades, or new versions of the App
- Modify, add, or remove features
- Perform scheduled or emergency maintenance
- Discontinue support for older versions of iOS
Updates may be required to continue using the App. We recommend enabling automatic updates through the App Store.
14. Service Availability
We strive to provide continuous service availability but cannot guarantee uninterrupted access. The Services may be unavailable due to:
- Scheduled or emergency maintenance
- Technical failures or infrastructure issues
- Third-party service disruptions
- Force majeure events
We are not liable for any service interruptions or their consequences.
15. Support
We provide support through:
- In-app help documentation and FAQs
- Email support at help@pokefolio.app
We will use reasonable efforts to respond to support requests but do not guarantee specific response times.
16. Liability and Disclaimers
Disclaimer of Warranties
THE APP AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitation of Liability
To the maximum extent permitted by applicable law, Pokefolio's total liability for any claims arising out of or related to these Terms or the Services shall not exceed the amount you paid us in the six (6) months preceding the event giving rise to the claim, or EUR 100, whichever is greater.
Exclusion of Damages
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits or revenue
- Loss of data or content
- Business interruption
- Investment losses based on market data or predictions
Exceptions
Nothing in these Terms excludes or limits our liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded under applicable law
17. Indemnification
You agree to indemnify, defend, and hold harmless Pokefolio, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable legal fees) arising from:
- Your use or misuse of the App
- Your violation of these Terms
- Your violation of any rights of third parties
- Your Content or data
18. Termination
Termination by You
You may terminate these Terms at any time by:
- Canceling your Premium Subscription (if applicable)
- Deleting the App from all your devices
- Ceasing all use of the Services
Termination by Us
We may suspend or terminate your access to the App immediately, without prior notice, if:
- You breach these Terms
- You engage in fraudulent or illegal activities
- Your subscription payment fails
- We are required to do so by law
- We discontinue the Services
Effects of Termination
Upon termination:
- Your license to use the App immediately ends
- You must delete the App from all devices
- We may delete your Content after a reasonable period
- Sections that by their nature should survive termination will continue to apply
Termination does not entitle you to a refund of any subscription fees already paid.
19. Changes to These Terms
We reserve the right to modify these Terms at any time. When we make changes, we will:
- Update the "Last updated" date
- Notify you through the App or via email
- Provide at least thirty (30) days' notice for material changes
Your continued use of the App after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the App and cancel your subscription.
20. Privacy and Data Protection
Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. For detailed information about our privacy practices, please see our Privacy Policy.
21. Governing Law and Dispute Resolution
Governing Law
These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.
Jurisdiction
Subject to mandatory consumer protection laws, any disputes shall be resolved exclusively in the courts of Baden-Baden, Germany.
EU Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr
We are not obligated to participate in consumer arbitration proceedings but are willing to resolve disputes amicably where possible.
22. General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and Apple's Standard EULA, constitute the entire agreement between you and Pokefolio regarding the App and supersede all prior agreements and understandings.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may freely assign these Terms to any affiliate, subsidiary, or successor in interest.
23. Contact Information
If you have any questions, concerns, or complaints about these Terms, please contact us:
24. Acknowledgment
By downloading, installing, or using the App, you acknowledge that:
- You have read and understood these Terms
- You agree to be bound by these Terms
- You are at least 13 years old (or have parental consent if under 18)
- You meet any other eligibility requirements
- The App is not affiliated with or endorsed by Nintendo, The Pokémon Company, or Game Freak
Last Updated: December 12, 2024