These Terms and Conditions (“Terms”) govern your access to and use of the Should I Grade This? mobile application, website, software, data, and related services (collectively, the “Service”). By creating an account, accessing, or using the Service, you agree to be bound by these Terms.
If you do not agree, do not use the Service.
1. Eligibility (18+)
You must be at least eighteen (18) years old to create an account or use the Service. By using the Service, you represent and warrant that:
- You are at least 18 years old
- You have the legal capacity to enter into a binding agreement
- You are not prohibited from using the Service under applicable law
We may suspend or terminate any account if we believe a user is under 18 or has misrepresented their age.
2. Description of Service
Should I Grade This? provides algorithmic estimates, grading suggestions, pricing data, analytics, and informational tools related to collectibles and trading cards.
The Service:
- Uses automated models and third-party data
- May contain inaccuracies or delays
- Does not guarantee grading results or resale value
- Is for informational and entertainment purposes only
3. No Financial or Investment Advice
The Company is not a broker, dealer, financial advisor, grading company, or marketplace.
Any pricing estimates, grading recommendations, or analytics are opinions generated by software and should not be relied upon as financial, investment, tax, or legal advice.
You assume all risk for any decisions to buy, sell, grade, hold, or trade collectibles.
4. Accounts
You agree to:
- Provide accurate information
- Keep login credentials secure
- Be responsible for all activity under your account
We may suspend or terminate accounts at any time for any reason.
5. Payments and Subscriptions
If the Service includes paid features:
- Fees are billed in advance
- Subscriptions automatically renew unless canceled
- Payments are non-refundable unless required by law
- We may change pricing with notice
Failure to pay may result in loss of access.
6. User Content (Images and Data)
If you upload card images, pricing data, or other content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, analyze, reproduce, and display that content solely to operate and improve the Service.
You represent that:
- You own or have rights to upload the content
- The content is lawful
- The content does not infringe third-party rights
We may use anonymized data to improve algorithms and analytics.
7. Intellectual Property
All software, algorithms, branding, designs, and content in the Service are owned by the Company. You may not:
- Copy or resell access
- Reverse engineer
- Scrape data
- Use bots or automation
- Build competing services using our data
- Train AI models on our outputs
Unauthorized use may result in termination and legal action.
8. Third-Party Data
The Service may use third-party data sources, including marketplaces and grading companies. We are not responsible for:
- Incorrect sales data
- Fake or manipulated comps
- Grading outcomes
- Marketplace activity
- Data outages
Use of third-party services is subject to their own terms.
9. No Guarantee of Results
We do not guarantee:
- Grading outcomes
- Card value
- Profit
- Market movement
- Accuracy of estimates
All use is at your own risk.
10. Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for:
- Loss of profits
- Trading or grading losses
- Missed opportunities
- Data inaccuracies
- Indirect or consequential damages
Our total liability shall not exceed the amount you paid to us in the previous twelve (12) months.
11. Disclaimer of Warranties
The Service is provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties, including:
- Accuracy
- Reliability
- Fitness for a particular purpose
- Non-infringement
- Uninterrupted operation
12. Indemnification
You agree to indemnify and hold harmless the Company from any claims arising out of:
- Your use of the Service
- Your uploaded content
- Your violations of law
- Your buying, selling, or grading decisions
13. Termination
We may suspend or terminate access at any time, without notice. Upon termination, your right to use the Service ends immediately.
14. Arbitration and Dispute Resolution
Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in the State of Texas under the rules of the American Arbitration Association. You waive:
- Jury trial
- Class actions
- Class arbitration
15. Governing Law
These Terms are governed by the laws of the State of Texas.
16. Changes to Terms
We may update these Terms at any time. Continued use of the Service constitutes acceptance of updated Terms.
17. Contact
Company Name: Should I Grade This? LLC
Address: 123 Collector's Way, Austin, TX 78701
Email: legal@shouldigradethis.com