Terms of Service

You represent and warrant that you are at least 13 years of age, or the minimum age of digital consent in your country of residence if higher, and that you have the legal capacity to enter into these Terms. If you are under the age of 18, you may access and use the Service only under the supervision, and with the consent, of a parent or legal guardian who agrees to be bound by these Terms.

To use the Service you must register for an account. You may register using Sign in with Apple, Sign in with Google, or an email address and password. You agree to provide accurate information, to keep your credentials confidential, and to remain solely responsible for all activity that occurs under your account. You must select a display name and @handle, and you agree that we may reclaim, suspend, or modify any handle or account that impersonates another person, infringes the rights of a third party, or otherwise breaches these Terms.

You agree that you shall not, and shall not attempt to:

• use the Service in any unlawful manner or in breach of these Terms;
• interfere with, disrupt, or compromise the integrity or security of the Service;
• access the Service by any means other than the interfaces we provide;
• upload, submit, or transmit any content that is unlawful, infringing, defamatory, or abusive, or that impersonates any person or entity;
• scrape, harvest, resell, or otherwise extract data from the Service in bulk; or
• infringe the intellectual property or other rights of any person.

You retain all ownership rights in the photographs and information you submit to the Service ("User Content"). You hereby grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, and display your User Content solely to the extent necessary to operate, provide, and improve the Service, including to identify and value your cards and to synchronise your account across your devices. You represent and warrant that you own or have the necessary rights to your User Content and that it does not infringe the rights of any third party.

The value leaderboard and public profiles are optional features that display your information only after you expressly opt in, and which you may disable at any time. You acknowledge that you are solely responsible for any information you elect to make public through the Service.

The Service is offered on a free tier and through an optional paid subscription, "Cube Pro", priced at USD 9.99 per month or USD 49.99 per year (prices may vary by territory and are subject to change on reasonable notice). Subscriptions are sold and billed through your Apple Account, and you agree that:

• payment shall be charged to your Apple Account upon confirmation of purchase;
• your subscription shall renew automatically unless auto-renewal is disabled at least 24 hours before the end of the then-current period;
• your Apple Account shall be charged for renewal within 24 hours before the end of the current period; and
• you may manage or cancel your subscription through your Apple Account settings.

Refunds are administered by Apple in accordance with Apple's terms, save for any non-waivable right to a refund available to you under applicable law.

You acknowledge and agree that all prices, values, and related figures provided through the Service are estimates derived from third-party market data and from automated card identification, are provided for informational purposes only and on an "as is" basis, and may be inaccurate or out of date. Such figures do not constitute appraisals, offers, or guarantees of value. You shall not rely on them for any financial, insurance, resale, or investment decision, and we accept no liability for any such reliance.

The Service, including the "Cube" name, the application, the website, and their look and feel, is owned by us or licensed to us and is protected by intellectual property laws. Card names, images, and game content are the property of their respective owners. Cube is not affiliated with, endorsed by, or sponsored by Wizards of the Coast, The Pokémon Company, Konami, or Ravensburger. Catalog data is provided by Scryfall, TCGdex, YGOPRODeck, and Lorcast, and your use of such data through the Service is subject to their respective terms.

The following provisions apply to your use of the Cube application obtained through the Apple App Store, and you acknowledge and agree that:

• these Terms are concluded between you and us only, and not with Apple Inc. ("Apple"), and we, not Apple, are solely responsible for the application and its content;
• Apple has no obligation to furnish any maintenance or support services in respect of the application, which we provide at support@cubepod.app;
• in the event of any failure of the application to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price (if any), and, to the maximum extent permitted by law, Apple shall have no other warranty obligation whatsoever;
• we, and not Apple, are responsible for addressing any claims relating to the application, including product-liability claims, claims that the application fails to conform to legal or regulatory requirements, and intellectual-property infringement claims;
• you represent that you are not located in a country subject to a US Government embargo or designated as a "terrorist-supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms and shall have the right to enforce them against you.

To the fullest extent permitted by law, the Service is provided on an "as is" and "as available" basis, without warranties or conditions of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any identification or valuation will be accurate. Nothing in this clause excludes any warranty or condition that may not be excluded under applicable law.

Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. Subject to the foregoing, and to the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, and our total aggregate liability arising out of or in connection with the Service shall not exceed the greater of the total amount you paid us in the twelve (12) months preceding the event giving rise to the claim, or GBP 50. If you are a consumer, these Terms do not affect your statutory rights that cannot be waived.

To the fullest extent permitted by law, you agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your User Content, your use or misuse of the Service, or your breach of these Terms.

You may cease using the Service and delete your account at any time. We may suspend or terminate your access to the Service, in whole or in part, with or without notice, if you breach these Terms or if your use of the Service risks harm to other users, to third parties, or to us. Any provisions that by their nature are intended to survive termination shall survive.

We may amend these Terms from time to time. We will update the date stated above and, where changes are material, provide more prominent notice. Your continued use of the Service after amended Terms take effect constitutes your acceptance of them.

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction. If you are a consumer resident outside England and Wales, you retain the benefit of any mandatory consumer-protection provisions of the law of your country of residence.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us concerning the Service. You may not assign or transfer your rights or obligations under these Terms without our prior written consent; we may assign ours to a successor to our business. Our failure to enforce any provision shall not constitute a waiver of it. We shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control. Save for Apple as set out in clause 9, no person other than you and us shall have any right to enforce these Terms.

Nick Davies, [registered contact address]. Email support@cubepod.app.