Terms of Service

Effective date: [EFFECTIVE DATE]

These Terms of Service (the "Terms") are a binding agreement between you and PackRips LLC, a Michigan limited liability company doing business as Stockd ("Stockd," "we," "us"). They govern your use of the Stockd website, mobile apps and related services (the "Service"). Section 26 requires most disputes to be resolved by individual binding arbitration and waives class actions. Please read it carefully.

1. Agreement to these Terms

1.1 By creating an account, buying a pack or otherwise using the Service, you agree to these Terms, our Privacy Policy, and any rules shown in the Service for a specific feature (such as pack odds, battle rules or auction rules). Those feature rules are part of these Terms.

1.2 We may change these Terms. If we make a material change, we will notify you in the Service or by email before it takes effect. Continuing to use the Service after the effective date means you accept the changes. If you do not agree, stop using the Service and you may close your account under Section 22.

2. Eligibility

2.1 To use the Service you must:

• be at least 18 years old (or the age of majority where you live, if higher);
• be a resident of, and physically located in, the United States;
• not be located in a state or territory where we have disabled the Service or a feature ("Excluded Locations"), currently: [EXCLUDED STATES];
• not be barred from using the Service under any law or by a prior suspension from us.

2.2 We check your date of birth and state of residence at sign-up and may check your location each time you buy a pack, enter a battle or bid. Using a VPN, proxy or other tool to hide your location is a breach of these Terms.

2.3 Our employees, contractors and their immediate household members may not buy packs, enter battles or bid in auctions, except for testing that we authorize.

2.4 We may ask you to verify your identity, age, address or source of funds at any time, and we must verify your identity before you can withdraw money. If you do not complete verification, we may limit or close your account.

3. Your account

3.1 You may have only one account. Accounts are personal and may not be sold, transferred or shared.

3.2 You must give accurate information and keep it current. You are responsible for keeping your password secure and for all activity on your account. Tell us right away at [email protected] if you think your account has been accessed without permission.

3.3 Your username and profile are visible to other users. Do not choose a username that is offensive, misleading or impersonates someone else. We may change or remove usernames that break this rule.

3.4 You may delete your account at any time from your account settings. Before deletion, any cards in your vault are sold back under Section 7 and your withdrawable balance can be cashed out under Section 15. Deposits and bonus credit that cannot be withdrawn are forfeited on deletion, so use them first.

4. How packs work

4.1 What you buy. Each pack is a purchase of one collectible trading card, chosen at random from that pack's card pool when you open it. The card is a real physical card that we hold, will buy for you, or will ship to you under Section 8. Your purchase is complete when the pack is opened and the card is added to your vault.

4.2 Odds and values. Before you buy, each pack shows its price, the chance of landing each value tier, and example cards. Odds are fixed for each pack and do not change based on your history, your balance or how much you have spent. A card's "value" is our estimate of its market value at the time of the pull, based on third-party price data for that card and grade. Values are estimates, not a promise of what the card will sell for elsewhere.

4.3 No guaranteed profit. Most pulls are worth less than the pack price. Buy packs only for entertainment and only with money you can afford to lose.

4.4 Free packs. Free packs (for example welcome, weekly, monthly, referral or mission rewards) follow the same odds as the matching paid pack, except that the top prize on a free pack is capped at $2,000 in value.

4.5 Errors. If a pack opens incorrectly because of a technical error (for example, a card is shown that is not in the pool, or a value is clearly wrong), we may cancel the result and refund the pack price. Section 14 explains how you can check that results were fair.

5. Your wallet and funds

5.1 Your Stockd wallet holds three kinds of balance, shown separately in the Wallet:

5.2 Deposits are a prepayment for use in the Service. They are not a bank account, do not earn interest, and cannot be withdrawn, transferred to another user or refunded except where required by law or stated in these Terms.

5.3 When you pay for a pack, any bonus credit is used before your other balances. For other purchases, the Service shows which balance is used before you confirm.

5.4 Bonus credit has no cash value, cannot be sold or transferred, and may expire or carry extra rules shown when it is awarded. While you hold any bonus credit, you cannot withdraw winnings until that bonus credit is used on packs. If any bonus credit remains when a withdrawal is made, it is forfeited.

5.5 Balances are shown in US dollars. If we credit your balance by mistake, we may reverse the credit, including after you have used it.

6. Your vault

6.1 Every card you pull, win or receive goes into your vault. From the vault you can sell it back (Section 7), ship it (Section 8), trade or gift it (Section 10), fuse it (Section 9) or use it in a battle (Section 11).

6.2 Auto-sell. Each card stays in your vault for 7 days from when it arrives. If you have not shipped, sold, traded or fused it by then, we automatically sell it back to us for the sell-back amount shown on the card, and that amount is added to your winnings. The time left is shown on each card.

6.3 A card that is locked in a battle, a pending trade or a shipment request cannot be sold, traded, fused or auto-sold until it is released.

7. Instant sell-back

7.1 You may sell any card in your vault back to us at any time before it ships. The sell-back amount is 85% of the card's value at the time you pulled it, and it is shown before you confirm.

7.2 The sell-back amount is fixed when you pull the card and does not change with later market prices. Sell-backs are final and cannot be undone.

8. Shipping and fulfillment

8.1 You may request that any card in your vault be shipped to you. Shipping costs $12.99 per request, shown before you confirm. We ship only to addresses in the United States, excluding Excluded Locations.

8.2 After you request shipping, we will obtain the card (which may mean buying it from a third-party seller) and ship it to the address you give. We aim to ship within 12 to 14 days of your request. Tracking is provided when available.

8.3 Unavailable cards. If we cannot obtain the exact card and grade at a reasonable price, we will cancel the shipment, refund the shipping fee, and buy the card back from you at 100% of its current market value, added to your winnings. We may instead offer a card of equal or greater value if you agree.

8.4 Graded cards ship in the grading company's case. Raw (ungraded) cards are sold in the condition described by the source, and we do not guarantee any future grade.

8.5 Title and risk of loss pass to you when the carrier receives the package. If a package arrives damaged or never arrives, contact us within 14 days of the expected delivery date and we will work with you and the carrier to resolve it. You are responsible for giving a correct address; a package returned because of a wrong address may be re-shipped for another shipping fee.

9. Fuse (forge)

9.1 Fuse lets you trade in several cards from your vault for one new card. Before you confirm, the Service shows the combined value of the cards you are giving up and the range of values the new card can land in.

9.2 The new card is selected at random within the range shown. Fusing is final: the cards you put in are gone and cannot be returned. The new card starts a fresh 7-day vault period under Section 6.2.

10. Trades and gifts

10.1 You may offer to trade cards with another user, send a card as a gift, ask another user for their offer, or make a counteroffer. A trade happens only when the receiving user accepts it. The user who made an offer may cancel it until it is accepted.

10.2 Trades are final. Once accepted, the cards move between vaults immediately and cannot be reversed by us, except to fix a technical error or fraud. Values shown in a trade are estimates to help you decide; check them before you accept.

10.3 Each card keeps its original sell-back amount and vault timer when it is traded or gifted.

10.4 You may not ask for or offer money, account credentials or anything else outside the Service in exchange for a trade, and you may not use trades to move value between accounts you control or to get around these Terms.

11. Battles

11.1 What a battle is. A battle is a head-to-head game between two users. Each player picks a team of 2 or 3 eligible Pokémon cards from their vault and pays the same entry fee, chosen from the amounts shown (currently $1 to $500). Battle stats come from Stockd's own rules based on each card's rarity, grade and value; they are not the card's printed game text.

11.2 Cards are never at risk. Your cards are locked while a battle is in progress and return to your vault when it ends. You never lose or win cards in a battle.

11.3 Pot and fee. The two entry fees form the pot. The winner receives the pot minus a 10% Stockd fee, shown before you enter (for example, two $5 entries pay the winner $9). Winnings are added to your withdrawable balance. If a battle ends in a draw, both players' entry fees are refunded in full.

11.4 Matchmaking. We match players with teams of similar strength and the same entry fee. If no opponent is found within the time shown, your entry is refunded in full. Stockd never plays against you; every opponent is another user.

11.5 Play. Battles are turn-based. Each turn both players choose a move at the same time. A player who does not choose before the turn timer runs out is given a default move. A player who disconnects or stops responding for the time shown forfeits the battle. Each battle has a maximum number of turns; if it is reached, the player with more remaining strength wins.

11.6 Randomness. Battle results depend mainly on the players' choices. Small random effects (such as damage variation and critical hits) are generated by the provably fair system in Section 14.

11.7 You may not collude with an opponent, play from more than one account, use bots or automation, or deliberately lose. Battles may be unavailable in some states.

12. Market auctions

12.1 Listings. The Market shows graded cards valued at $250 or more that are listed for sale by third-party sellers, mainly on eBay, and covered by that marketplace's authenticity check. Stockd is the seller to you: if you win, we buy the card from the third-party seller and ship it to you.

12.2 Bidding. The opening bid is the card's current listing price. Each new bid must beat the current top bid by at least the step shown. When you bid, your bid plus shipping is held from your balance. If someone outbids you, your hold is released right away. A bid placed in the last 60 seconds extends the auction to 60 seconds from that bid.

12.3 Bids are binding. You cannot withdraw a bid once placed. If you win, the held amount (your winning bid plus shipping) is charged and the card is added to your account for shipping once you confirm your shipping address.

12.4 Our margin. The price you pay may be more than our cost to buy the card. We keep the difference.

12.5 If the listing disappears. Third-party listings can sell or be removed before we buy. If we cannot buy the card you won at the listed price, we will cancel your win and release your full hold. We may also cancel any auction before it ends, in which case all holds are released.

12.6 Listing photos and descriptions come from the third-party seller. We are not responsible for errors in them, but Section 8.5 applies to the card's delivery.

13. Rewards and promotions

13.1 We may offer levels, experience points (XP), daily drops, level-up rewards, missions, free packs and referral rewards. Rewards are bonus credit or free packs unless we say otherwise, and Section 5.4 applies.

13.2 Referrals. You may share your invite link. When a new user signs up with your link and meets the conditions shown, both of you receive the reward shown. You may not refer yourself, create accounts to earn rewards, or share your link through spam.

13.3 We may change, pause or end any reward or promotion at any time, and we may remove rewards that were earned through a breach of these Terms. Specific promotions may have their own rules, which apply in addition to these Terms.

14. Fairness

14.1 Pack results, fuse results and random battle effects are generated by a provably fair system. Before a result is produced, we commit to a hidden server seed by showing you its cryptographic hash. The result is computed from that server seed, your client seed and a counter. After the seed is rotated, we reveal it so you can check that it matches the hash and reproduces your results.

14.2 The Fairness page explains how to verify results. Odds for each pack are shown on the pack and on the Odds page.

15. Withdrawals

15.1 You may withdraw your winnings balance, and only your winnings balance, after you verify your identity. Deposit balance and bonus credit cannot be withdrawn (Section 5).

15.2 Current withdrawal rules, which we may change with notice:

15.3 The amount is taken from your winnings when you request it. We may review any withdrawal before paying it, including to verify identity, prevent fraud or comply with law. If we reject a withdrawal, the amount is returned to your winnings.

15.4 Withdrawals go only to a payment account in your own name. Processing times depend on the method and our payment providers.

16. Taxes

You are responsible for any taxes on what you receive through the Service. We may collect tax information from you, issue tax forms (such as a Form 1099) and report to tax authorities as required by law. We may withhold payouts until you provide required tax information.

17. Prohibited conduct

You agree not to:

• use more than one account, or use someone else's account;
• use bots, scripts, automation or any tool that gives you an unfair advantage;
• exploit a bug, error or loophole, instead of reporting it to us;
• collude with other users, including in battles, auctions or trades;
• hide or fake your location, age or identity;
• use the Service to launder money, commit fraud or fund illegal activity;
• file a chargeback or payment dispute for a purchase you authorized;
• harass, threaten or abuse other users or our staff;
• copy, scrape, reverse-engineer or interfere with the Service or its security;
• sell, rent or transfer your account, balances or rewards.

If you break these rules, we may cancel results, reverse balances, void rewards, and suspend or close your account under Section 22.

18. Refunds and chargebacks

18.1 All purchases are final once a pack is opened, a fuse is confirmed, a battle starts or an auction is won, except where these Terms say otherwise or the law requires a refund.

18.2 If you file a chargeback or payment dispute, we may suspend your account while it is reviewed. If the dispute is not valid, you agree to repay the disputed amount and any fees we incur, and we may deduct them from your balances.

19. Intellectual property and third-party brands

19.1 The Service, including the Stockd name, logo, software, design, pack art and text, is owned by us or our licensors. We give you a limited, personal, non-transferable, revocable license to use the Service as allowed by these Terms.

19.2 Stockd is not affiliated with, endorsed by or sponsored by The Pokémon Company, Nintendo, Game Freak, Creatures, the NBA, the NFL, their teams or players, any grading company (such as PSA, BGS, CGC or SGC), or eBay. Their names, logos and card images belong to their owners and are shown only to identify the physical cards offered through the Service.

19.3 If you send us feedback or ideas, we may use them without paying you.

20. Third-party services

The Service relies on third parties for payments, identity checks, price data, card sourcing, shipping and hosting. Their services may have their own terms. We are not responsible for a third party's acts or failures, but we will work with you to resolve problems they cause within the Service.

21. Responsible play

21.1 Stockd is entertainment. Set a budget and stick to it, and never spend money you need for bills or essentials.

21.2 You may ask us to set a deposit limit, a cooling-off period or a self-exclusion on your account by contacting [email protected]. We will honor limits and exclusions for the period you choose and will not send you marketing during that time.

21.3 If you or someone you know needs help, call or text the National Problem Gambling Helpline at 1-800-GAMBLER.

22. Suspension and closing your account

22.1 You may close your account at any time (Section 3.4).

22.2 We may suspend or close your account, cancel pending activity or withhold payouts if we reasonably believe you broke these Terms, if required by law, or to protect users or the Service. We will tell you why unless the law or an investigation prevents it.

22.3 If we close your account for a reason other than your breach, we will pay out your withdrawable winnings (after any required verification) and sell back or ship the cards in your vault. If we close it because of fraud or a serious breach, we may keep funds and cards to the extent the law allows.

23. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY CARD WILL HOLD OR GAIN VALUE. CARD VALUES ARE ESTIMATES FROM THIRD-PARTY DATA AND MAY BE WRONG.

24. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) $100. SOME STATES DO NOT ALLOW THESE LIMITS, SO THEY MAY NOT APPLY TO YOU.

25. Indemnity

You agree to defend and hold us harmless from claims, losses and costs (including reasonable attorneys' fees) arising from your breach of these Terms or your misuse of the Service.

26. Disputes, arbitration and class-action waiver

26.1 Informal resolution first. Before filing a claim, contact us at [email protected] and give us 30 days to try to resolve it.

26.2 Arbitration. Any dispute that is not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in Ottawa County, Michigan, or by video. Either party may instead bring an individual claim in small-claims court.

26.3 Class-action waiver. You and we may bring claims only individually, not as a plaintiff or class member in any class, collective or representative action.

26.4 Opt-out. You may opt out of this Section 26 by emailing [email protected] within 30 days of first accepting these Terms, with your name, username and a statement that you opt out of arbitration.

26.5 If any part of this Section is found unenforceable, the rest still applies, except that if the class-action waiver is found unenforceable, the entire Section 26 does not apply.

27. General

27.1 Governing law. These Terms are governed by the laws of the State of Michigan and the Federal Arbitration Act, without regard to conflict-of-law rules.

27.2 These Terms are the entire agreement between you and us about the Service. If a provision is unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver.

27.3 You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.

27.4 We are not responsible for delays caused by events beyond our reasonable control.

27.5 Contact. PackRips LLC, 335 Woodward Street, Zeeland, Michigan 49464, [email protected].