Terms of Service
These Terms of Service ("Terms") form a binding agreement between you and Apparent Group ("we", "us", or "our") and govern your use of the TCG Brain mobile application (the "App"). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
1. Eligibility and Account
You must be at least 13 years old (or the minimum digital consent age in your jurisdiction) to use the App. You are responsible for the accuracy of the information you provide, for keeping your credentials secure, and for all activity that occurs under your account. Notify us immediately if you believe your account has been compromised.
2. License to Use the App
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App for your personal, non-commercial use on a device you own or control.
3. Subscriptions, Billing, and Auto-Renewal
The App offers paid subscriptions that unlock additional features. Subscriptions are sold through the Apple App Store or Google Play and are subject to the terms of those platforms.
- Auto-renewal. Subscriptions automatically renew at the end of each billing period at the then-current price unless you cancel at least 24 hours before the period ends.
- Charges. Payment is charged to your Apple ID or Google Play account at confirmation of purchase and at each renewal.
- Cancellation. You can cancel at any time through your device's subscription settings (iOS: Settings > Apple ID > Subscriptions; Android: Play Store > Subscriptions). Cancellation takes effect at the end of the current billing period; you retain access until then.
- Refunds. Refunds are handled by Apple or Google according to their policies. We generally cannot issue refunds directly.
- Price changes. If we change subscription prices, we will provide notice in advance as required by the relevant app store, and you may cancel before the change takes effect.
- Free trials. If a free trial is offered, your subscription will convert to a paid subscription at the end of the trial unless you cancel beforehand.
4. Intellectual Property
The App, including its software, design, text, graphics, logos, and trademarks, is owned by us or our licensors and is protected by intellectual property laws. We do not grant you any rights in our trademarks, logos, or brand. Third-party trading card names, sets, and imagery are property of their respective owners and are referenced for identification purposes only.
Your content
You retain ownership of the photos and content you submit through the App. By submitting content, you grant us a worldwide, royalty-free, non-exclusive license to host, process, transmit, display, and store that content solely as needed to operate and improve the App for you.
5. Acceptable Use
You agree not to:
- Use the App for any unlawful purpose or in violation of any applicable law.
- Reverse engineer, decompile, or attempt to extract the source code of the App, except where permitted by law.
- Interfere with, disrupt, or attempt to gain unauthorized access to the App, our servers, or related infrastructure.
- Use automated systems (bots, scrapers) to access the App without our written permission.
- Upload content that is illegal, infringing, defamatory, harassing, or contains malware.
- Resell, sublicense, or commercialize the App or its outputs without our written permission.
- Use the App to evaluate it for a competing product.
6. AI-Generated Output
The App uses AI models to identify cards and answer questions. AI output can be incomplete, inaccurate, or out of date. You should independently verify any information that matters - especially pricing, condition grading, authenticity, or investment decisions. The App does not provide professional grading, appraisal, financial, or legal advice.
7. Third-Party Services
The App relies on third-party services (including Apple, Google, Firebase, Adapty, DashScope, and SendGrid) to function. Your use of those services may also be governed by their respective terms and privacy policies. We are not responsible for third-party services.
8. Disclaimers - No Warranty
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IDENTIFICATION RESULTS WILL BE CORRECT.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR AFFILIATES, OFFICERS, EMPLOYEES, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE OR (B) US $50. Some jurisdictions do not allow these limitations, so they may not apply to you.
10. Indemnification
You agree to defend, indemnify, and hold us harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your misuse of the App or your violation of these Terms.
11. Termination
We may suspend or terminate your access to the App at any time if you violate these Terms or if we discontinue the service. You may stop using the App at any time. Sections that by their nature should survive termination will survive, including Sections 4, 6, 8, 9, 10, 12, and 13.
12. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles. The exclusive venue for any dispute that is not subject to arbitration or small-claims court will be the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts. If you are a consumer in the European Union, nothing in this section deprives you of mandatory consumer protections under the law of your country of residence.
13. Apple App Store and Google Play Terms
If you download the App from the Apple App Store, you acknowledge that these Terms are between you and us, not Apple, and Apple has no obligation to provide support or maintenance for the App. Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you. Similar rights apply to Google with respect to downloads from Google Play.
14. Changes to These Terms
We may update these Terms from time to time. When we do, we will update the "Last updated" date above and, where appropriate, notify you in the App. Your continued use of the App after the update means you accept the revised Terms.
15. Contact
Questions about these Terms? Contact us at: hello@apparentgroup.co