Terms of Service

PokéGem Grader provides AI-generated estimated grades for Pokémon trading cards modelled on the published criteria of professional grading companies (PSA, BGS, CGC, SGC). The Service includes the website, mobile applications, Discord bot, and any related tools we make available.

The grades we produce are estimates only. They are not official grades, do not represent the opinion of any grading company, and may differ — sometimes significantly — from the result you would receive from a professional grader. The Service is a research aid, not a substitute for professional grading or independent judgment.

Not financial or investment advice. Any prices, market data, or value indicators shown are informational only and may be incomplete, delayed, or wrong. Do not buy, sell, submit for grading, or make any other financial decision based solely on output from the Service.

You must be at least 18 years old to use the Service. By creating an account, you represent and warrant that you are 18 or older. The Service is not directed to and is not available to anyone under 18. The Service is also not available to anyone previously suspended or removed from it, or to any person ordinarily resident in a country subject to comprehensive sanctions by Canada, the United States, the United Kingdom, the European Union, or the United Nations.

• You must provide accurate, current information when you sign up and keep it up to date.
• You are responsible for keeping your credentials secure and for all activity under your account. Notify us immediately at hello@pokegemhq.com if you suspect unauthorised access.
• One person, one account. You may not share your account, sell or transfer it, or create multiple free accounts to circumvent usage limits.
• We may suspend or terminate accounts that we reasonably believe violate these Terms, pose a security risk, or are inactive for an extended period.

• Free plan— available at no cost subject to the usage limits described on the Pricing page. We may change limits with at least 14 days’ notice.
• Paid plans — billed monthly or annually in advance in US dollars (USD) through our third-party payment processor. Prices are exclusive of any applicable taxes (GST/HST/QST/PST, VAT, sales tax) unless stated otherwise; where we are required to collect tax, it will be added at checkout.
• Auto-renewal. Your subscription will automatically renew at the then-current price for the same plan length until you cancel. By subscribing, you authorise us (and our payment processor) to charge your payment method on each renewal date.
• How to cancel. You may cancel at any time before the next renewal date from your account settings, or by emailing hello@pokegemhq.com. Cancellation takes effect at the end of the current billing period; you keep access until then.
• No refunds. Except where required by applicable law, all payments are non-refundable, including for partial billing periods, unused time, or features you choose not to use. We may, in our sole discretion, issue refunds in cases of clear billing error or service failure.
• No free trials. Paid plans are paid from the first day of the subscription. The free plan is available indefinitely subject to its usage limits.
• Failed payments. If a charge fails, we may retry collection and downgrade your account to the free plan until payment succeeds.
• Price changes.We will give at least 30 days’ notice before increasing the price of an existing subscription. You may cancel before the new price takes effect.
• EU/UK consumers — right of withdrawal. If you are a consumer in the EEA or UK, you have a 14-day right of withdrawal from a paid subscription. By starting to use a paid feature within that period, you expressly consent to immediate performance and acknowledge that your right of withdrawal will be lost once the digital service has been fully supplied.
• Quebec consumers. If you are a Quebec consumer, the Consumer Protection Act applies; nothing in these Terms limits your rights under that Act, including any rights of withdrawal or cancellation that statute provides.

You agree not to:

• Use the Service in violation of any law, regulation, or third-party right.
• Upload images that contain illegal content, child sexual abuse material, content that infringes intellectual property, or content that violates anyone’s privacy.
• Attempt to reverse-engineer, decompile, scrape, or extract any part of our software, AI models, or training data, or use the output of the Service to build a competing model.
• Use bots, scripts, or other automated means to submit images or otherwise interact with the Service in excess of your plan limits, except for officially-supported APIs.
• Probe, scan, or test the vulnerability of the Service or breach any security or authentication measure (other than reporting in good faith via our security disclosure process).
• Misrepresent AI-generated grades as official grades, or attempt to defraud another party using output from the Service.
• Harass, threaten, or harm others; impersonate any person; or use the Service to send spam.
• Resell, sublicence, or commercially redistribute the Service without our prior written consent.

You retain ownership of the images and other content you submit to the Service (“Your Content”). You grant us a worldwide, non-exclusive, royalty-free licence to host, transmit, process, and display Your Content solely as needed to operate and provide the Service to you. We do not claim ownership of Your Content. We do not use Your Content to train, fine-tune, or evaluate any AI model, and our AI processor is contractually prohibited from doing so.

You represent and warrant that you have all rights necessary to upload Your Content and that doing so does not violate any law or third-party right.

The Service, including its software, AI models, designs, logos, and PokéGem Grader brand, is owned by us or our licensors and is protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your personal, non-commercial use, subject to these Terms. All rights not expressly granted are reserved.

“Pokémon,” “Poké Ball,” and related marks are trademarks of Nintendo, Game Freak, Creatures Inc., and/or The Pokémon Company. “PSA” is a trademark of Collectors Universe, Inc. “Beckett” and “BGS” are trademarks of Beckett Collectibles, LLC. “CGC” is a trademark of Certified Guaranty Company, LLC. “SGC” is a trademark of Sportscard Guaranty, LLC. PokéGem Grader is not affiliated with, endorsed by, sponsored by, or otherwise associated with any of these companies. References to these brands are nominative and used solely to describe the grading scales our AI estimates.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT:

• AI grade estimates will match the result of any professional grading company;
• The Service will be uninterrupted, timely, secure, or error-free;
• Market price data, where shown, is current, accurate, or complete; or
• Any defect in the Service will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in these Terms excludes or limits any liability that cannot be excluded under applicable law, including any non-excludable rights of consumers under the consumer-protection laws of your province or country.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL POKÉGEM GRADER, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, LOSSES YOU INCUR FROM SUBMITTING A CARD FOR PROFESSIONAL GRADING, BUYING OR SELLING A CARD, OR MAKING ANY OTHER FINANCIAL DECISION IN RELIANCE ON OUR ESTIMATES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 6 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) US$50.

The limitations in this Section do not apply to liability arising from our gross negligence, wilful misconduct, fraud, infringement of your intellectual property rights, or any other liability that cannot be limited under applicable law.

You agree to indemnify, defend, and hold harmless El Grizzly Blanco Corp. and its officers, directors, employees, and agents from and against any claim, demand, loss, or expense (including reasonable legal fees) arising out of (a) your use or misuse of the Service, (b) your violation of these Terms, (c) Your Content, or (d) your violation of any law or third-party right. We will give you prompt notice of any claim and reasonable cooperation, and you will not settle any claim that imposes any obligation on us without our written consent.

We respect intellectual property and follow Canada’s “Notice and Notice” regime under sections 41.25–41.27 of the Copyright Act. If you believe content available through the Service infringes your copyright, please send a written notice to legal@pokegemhq.com that includes:

• Your name, address, telephone number, and email;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the alleged infringing material and its location on the Service;
• The date and time of the alleged infringement;
• A statement that you have a good-faith belief that the use is not authorised; and
• A statement, made under risk of civil liability for misrepresentation, that the information is accurate and that you are the owner or are authorised to act on the owner’s behalf.

On receipt of a compliant notice we will, where reasonably possible, forward the notice to the user associated with the alleged content and retain records as required by the Copyright Act. We may, in our sole discretion, also remove or disable access to allegedly infringing content and terminate the accounts of repeat infringers, but we are not obliged to do so under the Notice and Notice regime.

You may stop using the Service at any time and may delete your account by emailing hello@pokegemhq.com. We may suspend or terminate your access immediately if (a) you breach these Terms, (b) we are required to do so by law, (c) we reasonably suspect fraud or security risk, or (d) we discontinue the Service. We will give reasonable notice where practicable. Upon termination, your right to use the Service ends; sections that by their nature should survive (including ownership, disclaimers, liability limits, indemnity, dispute resolution, and miscellaneous provisions) will survive.

We are continually improving the Service and may add, change, or remove features. We will not make changes that materially reduce paid-plan functionality without giving you a reasonable opportunity to cancel and receive a pro-rata refund of any prepaid amounts for the unused portion of your subscription.

If you download our app from an app store, you also agree to that store’s usage rules. The following applies in addition to these Terms:

• Apple App Store. These Terms are between you and El Grizzly Blanco Corp., not Apple. Apple has no obligation to provide maintenance or support, and is not responsible for any product warranties, product claims, or any third-party intellectual property claim regarding the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
• Google Play. Your use of the Android app is subject to Google’s Play Terms of Service in addition to these Terms.
• You represent that you are not located in a country subject to a Canadian, US, UK, EU, or UN comprehensive sanctions program and that you are not on any government list of prohibited or restricted parties.

If you interact with our Discord bot, you also agree to Discord’s Terms of Service. We are not responsible for the availability or behaviour of the Discord platform itself. Server administrators are responsible for the configuration and use of the bot within their server.

We may label some features as “beta,” “preview,” or “experimental.” Beta features are provided as-is, may change or be removed at any time, and are not covered by any service-level commitment.

If you access the Service under an enterprise plan or pursuant to a written Master Services Agreement, order form, or Data Processing Agreement signed with El Grizzly Blanco Corp., the terms of that signed agreement govern your use of the Service and supersede these Terms to the extent of any conflict. Where the signed agreement is silent, these Terms apply.

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in that province, without regard to conflict-of-laws rules. Subject to the arbitration agreement in Section 19, the courts of British Columbia located in Vancouver, British Columbia have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction in those courts. Nothing in this Section affects the mandatory consumer-protection rights you have under the law of the country, province, or state where you ordinarily reside.

PLEASE READ CAREFULLY. THIS SECTION REQUIRES YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION AND LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO A COURT TRIAL OR TO PARTICIPATE IN A CLASS PROCEEDING.

• Agreement to arbitrate. You and El Grizzly Blanco Corp. agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by ADR Chambers Canada under its consumer-arbitration rules then in effect. Hearings will take place in Vancouver, British Columbia or by video, at your election. The arbitrator’s award is final and may be entered in any court of competent jurisdiction.
• Exceptions. Either party may bring an individual action in small-claims court (or its provincial/territorial equivalent) or seek injunctive or equitable relief in court for the infringement or misuse of intellectual property rights.
• Class-action waiver. You and El Grizzly Blanco Corp. agree that disputes will be resolved on an individual basis only. You waive any right to participate in a class action, class arbitration, or representative proceeding to the maximum extent permitted by law. The arbitrator may award relief only in favour of the individual party seeking relief.
• Carve-outs where law overrides. This arbitration agreement and class-action waiver do not apply to the extent prohibited by the law of your jurisdiction. In particular, this Section does not apply to consumers ordinarily resident in Quebec (whose Consumer Protection Act invalidates pre-dispute consumer arbitration clauses), the European Economic Area, or the United Kingdom, and may be unenforceable elsewhere where mandatory consumer-protection law overrides it. Where this Section does not apply, the dispute will proceed in the courts identified in Section 18.
• 30-day opt-out. You may opt out of this arbitration agreement by emailing legal@pokegemhq.com within 30 days of first accepting these Terms with your full name, the email on your account, and the statement “I opt out of arbitration.” Opting out will not affect any other provision of these Terms.
• Severability. If the class-action waiver is found unenforceable as to a particular claim, that claim will be severed and proceed in court; the remainder of this Section will remain in force.

Neither party is liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, internet or telecommunications failures, denial-of-service attacks, government action, pandemic, or sub-processor outages.

We may give you notices by email to the address on your account, by in-app message, or by posting on our website. You must send legal notices to legal@pokegemhq.com and to El Grizzly Blanco Corp. at 123 Main Street, Suite 100, Toronto, ON M5V 0A1, Canada [PLACEHOLDER — set up virtual office before launch].

• Entire agreement. These Terms, together with our Privacy Policy and any order forms, are the entire agreement between you and us regarding the Service and supersede prior agreements on the same subject.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, sale of assets, or transfer of the PokéGem Grader brand to an affiliate or subsidiary.
• No agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
• Headings. Section headings are for convenience only and have no legal effect.
• Language. These Terms have been prepared in English. Where we provide a translation, the English version controls in the event of any conflict, except where local law (including the Charter of the French Language in Quebec) requires otherwise.

We may update these Terms from time to time. Material changes will be communicated by email or in-app notice at least 14 days before they take effect. Continued use of the Service after that date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service before the effective date.

General questions: hello@pokegemhq.com.
Legal notices and copyright complaints: legal@pokegemhq.com.