1. Acceptance of these Terms

By creating a DigiBinder account, or by otherwise accessing or using the DigiBinder mobile app, website, or APIs (together, the "Service"), you agree to these Terms of Service and to our Privacy Policy, Community Guidelines, Buyer Protection Policy, and Early Access terms, which are incorporated by reference. If you sell or list items, you also agree to the Seller Agreement.

If you do not agree to these Terms, do not use the Service. We may update these Terms from time to time; when we do, we will change the version identifier below and, where the change is material, notify you in the app. Continued use after an update means you accept the updated Terms.

2. Eligibility and accounts

You must be at least 13 years old to create an account or browse the Service, and you must be located in a region where DigiBinder operates. If you are under 18, you may browse and manage a personal collection only with the involvement of a parent or legal guardian who agrees to these Terms on your behalf.

You must be at least 18 years old to buy, sell, trade, send or accept a cash offer or trade, or receive payouts. Payment, Stripe Identity, and Stripe Connect onboarding are limited to users 18 or older.

• You are responsible for the accuracy of the information on your account, including your display name, shipping address, and payout details.
• You are responsible for keeping your credentials secure and for all activity that occurs under your account.
• One person may not operate multiple accounts to evade limits, suspensions, or seller verification requirements.
• We may refuse, suspend, or terminate accounts that violate these Terms, our Community Guidelines, Seller Agreement, or applicable law.

3. How purchases work: merchant of record and seller responsibilities

When you buy on DigiBinder, you pay DigiBinder Labs, Inc. DigiBinder is the merchant of record for your payment: it appears on your card statement as DIGIBINDER, processes your payment, issues any refund under Section 9, and handles payment disputes with your card issuer.

The seller owns the item until it is delivered to you and is solely responsible for its authenticity, accurate condition and description, clear title, packaging, and timely shipment. DigiBinder does not manufacture, inspect, or take possession of any item.

Funds for marketplace orders are processed by our payments provider and held until the order becomes eligible for release, as described in Section 7.

4. Listings, catalog data, and binders

• You may list only physical trading cards that you own and are legally entitled to sell, and that comply with our Community Guidelines.
• Condition grades on DigiBinder are seller-assigned: M (Mint), NM (Near Mint), EX (Excellent), GD (Good), LP (Light Played), and PL (Played). Sellers must grade honestly and disclose material flaws.
• You must upload your own photographs of the actual item where photos are shown. Stock or catalog imagery may not be used to represent the specific card you are selling.
• Catalog metadata (card names, sets, numbers, rarities, and reference prices) is provided for convenience and may be incomplete or out of date. Reference prices are estimates, not appraisals or guarantees of value.
• Selling requires phone verification, a validated ship-from address, a connected payout account, and identity verification through our payments provider (Stripe Identity) before you may create a new listing. Identity verification is required to list, not optional. Additional verification may still be required to raise listing and order-value limits.

5. Offers and trades

Cash offers and trade proposals on DigiBinder are binding commitments. By sending an offer or trade, you agree to complete the transaction at the stated terms if the other party accepts while the offer is still pending.

• Pending offers and trade proposals expire if unanswered within 48 hours (or sooner if the listing is no longer available).
• You may voluntarily withdraw a pending offer or trade only within 1 hour of sending it. After that window, you must wait for the other party to accept, decline, or counter, or for the offer to expire.
• If a seller or trade recipient accepts your offer, you must complete payment through the Service within the payment-hold window shown in the app (currently 24 hours). Failure to pay may result in the order being cancelled and the inventory released.
• A counter-offer creates a new pending proposal with a fresh 1-hour withdraw window and a new 48-hour response window.
• Platform-initiated cancellations (for example after expiry, an unpaid hold timeout, or account safety actions) are not voluntary withdrawals and may occur outside the 1-hour window.

6. Fees

Buyers pay the card price, their selected shipping method, and applicable tax. DigiBinder does not charge buyers a marketplace or protection fee. Sellers pay a marketplace commission on item subtotal (or on a trade cash difference) plus the actual payment-processing cost. The applicable amounts are always itemized in the in-app price or payout breakdown before you confirm. Shipping is purchased at carrier rates through the Service and is not included in the marketplace commission. Supplemental insurance and signature confirmation, when required, are charged to the seller at cost.

We may change our fees at any time, prospectively. Changes do not apply to orders already placed. Continuing to list or purchase after a fee change takes effect constitutes acceptance of the new fee.

Marketplace commission is earned when an order completes and is reversed on a full buyer-favorable refund, or where required by law. On a seller-fault refund, the seller remains responsible for non-returned processing costs and any return shipping.

7. Payments, escrow-style holds, and payouts

DigiBinder Labs, Inc. is the merchant of record for all marketplace payments. Payments are processed by Stripe. Funds for a paid order are captured by DigiBinder and released through a delivery-gated payout after shipment, carrier delivery, and the buyer review window. DigiBinder is not a licensed escrow agent.

• A buyer-protection window opens when delivery is confirmed by the carrier, by tracking, or by your manual confirmation of receipt.
• If no claim is opened during that window, the order completes and the seller payout is transferred. Payout timing, reserves, and holds may be extended based on seller verification tier, order value, and risk signals, at our sole discretion.
• Sellers must hand a paid order to a carrier by the ship-by date shown on the order (3 business days after payment). After that date the buyer may cancel for a refund. If the package is still not scanned by the carrier 2 business days after the ship-by date, DigiBinder automatically cancels the order, refunds the buyer, and restores the listing.
• Sellers authorize DigiBinder and its payments provider to withhold, delay, reserve, reverse, and debit amounts from their payouts, payout balance, and connected account — including creating a negative balance recoverable from future proceeds — to cover refunds, chargebacks, reversals, dispute and processing fees, return shipping, and any amounts DigiBinder pays to a buyer on the seller's behalf.
• DigiBinder may set off any amount you owe us against any amount we hold for you or owe you, across all of your orders and balances. Amounts that remain unpaid after set-off are a debt due to DigiBinder, and you are responsible for our reasonable costs of collection.
• Sellers are responsible for their own tax reporting and obligations arising from sales made through the Service. DigiBinder may file information returns (including Form 1099-K) when required. The Seller Agreement states these payout, reserve, and tax rules in full.

8. Shipping and risk of loss

• Sellers must ship by the ship-by date on the order. Orders of $50 or more require a DigiBinder shipping label purchased through the Service. Below $50, a seller may register a tracked label from USPS, UPS, FedEx, or DHL Express. Buyer-paid shipping is the default. Sellers may offer free shipping on a listing; DigiBinder purchases the label and deducts the actual cost from seller proceeds.
• Tracked shipping, supplemental insurance, and signature confirmation are required above value thresholds. Do not disable or downgrade these protections. A seller who ships without the required tracking, insurance, or signature confirmation bears the full cost of any resulting loss, damage, or non-delivery claim.
• In a trade, both legs must be paid before either party ships. Each party pays for their own outbound label. Insurance and signature requirements use the declared value of the cards being sent. A marketplace commission applies to any cash difference, deducted from the receiving party's proceeds. If neither package is scanned by the carrier by the auto-cancel date, both legs are cancelled and refunded. If only one party ships, DigiBinder holds both legs for review.
• DigiBinder is not a carrier and is not liable for carrier delay, loss, mishandling, or damage in transit. If a scanned shipment stalls, we notify both parties after 15 days without a tracking update and, after 25 days, refund the buyer from held funds as a lost-in-transit cancellation. The seller must recover through the carrier and its insurance. Any refund we facilitate is limited to amounts actually recoverable or held for that order.
• Shipping, paying, or completing a transaction outside the Service voids all buyer and seller protection and is a breach of these Terms.

9. Buyer protection: scope and limits

Buyer protection is a limited, discretionary resolution service that DigiBinder operates as a venue. It is not insurance, not a guarantee of satisfaction, and not a warranty by DigiBinder of any item. It applies only to eligible orders paid for through the Service and only where the buyer has complied with the requirements in Section 10. The Buyer Protection Policy states the same rules in one place and is part of these Terms.

Where a claim succeeds, the remedy is determined by DigiBinder and may be a full refund, a partial refund, a refund conditioned on return of the item, or an account credit. We are not obligated to provide a remedy greater than the amount the buyer actually paid for the affected item, and we do not pay consequential losses, lost resale profit, appraisal or grading fees, or claimed collector or sentimental value.

• Covered: item never delivered, wrong item sent, counterfeit item, or an item materially not as described in the listing.
• Not covered: change of mind, buyer's remorse, or no-longer-wanted items. All sales are final except for a covered claim.
• Not covered: disagreement with a seller's good-faith condition grade where the difference is one grade or less, or where the condition is visible in the listing photos.
• Not covered: normal variance inherent to physical trading cards, including centering, cut, print lines, surface texture, and factory flaws, unless the listing affirmatively described the item otherwise.
• Not covered: changes in a card's market value, reference price, or catalog data after purchase.
• Not covered: damage or loss occurring after delivery, damage caused by the buyer, items altered, graded, submitted, sleeved-in, or resold after delivery, or items no longer in the condition in which they were received.
• Not covered: delivery to an incorrect or incomplete address supplied by the buyer, packages refused or left unclaimed, theft after a confirmed delivery, or delivery signatures waived by the buyer.
• Not covered: any transaction arranged, paid for, or shipped outside the Service, and any claim submitted after the buyer-protection window closes.

10. Claim requirements and process

Compliance with this section is a condition of buyer protection. A claim that does not meet these requirements may be denied without further review.

• Open the claim from the order screen inside the buyer-protection window shown on the order. The window closes 7 days after confirmed delivery or 30 days after purchase, whichever comes first, and is never shorter than 72 hours after confirmed delivery. Claims raised by email, chat, chargeback, or social media instead of the in-app process do not extend the window.
• For any condition, damage, wrong-item, or counterfeit claim, submit clear photographs of the outer packaging, the packing materials, and the item as received — including the specific defect — taken before the item is removed from its protective packaging where practical.
• Attempt resolution with the seller first. Sellers are expected to respond within 2 business days. You may escalate the claim to DigiBinder if the seller declines, if you decline a partial-refund offer, or if the seller does not respond by the due date. DigiBinder then reviews the evidence and decides.
• Both parties must submit evidence by the cutoff we specify. We may decide a claim on the record available if a party does not respond in time.
• Where a return is required, the buyer must ship the item back within the timeframe we specify, using tracked shipping, in the same condition and packaging in which it was received. Failure to do so voids the claim and permits release of funds to the seller. Where a claim is denied or the buyer is at fault, the buyer bears return shipping.
• Counterfeit items are an exception: they result in a full refund without return, seller bill-back, and account suspension. The item must not be resold or returned to the seller.
• DigiBinder's determination of an on-platform claim is final and binding for purposes of buyer protection and the release of escrowed funds. We may reverse a resolution if we later find it was obtained through false or incomplete information.

11. Chargebacks and claim abuse

If you have a problem with an order, you must use the in-app claim process. Filing a payment-card chargeback or bank dispute instead of, or in addition to, that process — particularly for a reason we have already resolved on the merits — is a breach of these Terms.

• You authorize DigiBinder to submit order, listing, tracking, delivery, and message records to your card issuer or bank as evidence in any chargeback.
• Where a chargeback is resolved in DigiBinder's or the seller's favor, or where the chargeback duplicates a remedy already provided, you are responsible for the disputed amount, the processor dispute fee, and our reasonable costs, and we may recover those amounts by set-off against your balances.
• We may suspend or terminate accounts, withhold funds, and permanently withdraw buyer protection eligibility from any user showing a pattern of excessive, duplicative, retaliatory, or unsubstantiated claims or chargebacks.
• Claim fraud — including swapping an item, damaging an item and attributing it to transit, returning a different or substituted card, or falsely reporting non-delivery — is grounds for immediate termination, forfeiture of any pending remedy, referral to our payments provider, and recovery of our losses and costs.

12. Assumption of risk and release between users

You acknowledge that DigiBinder facilitates transactions in used and collectible physical goods, that condition grading is inherently subjective, that authentication and grading are performed by third parties if at all, and that DigiBinder does not inspect, authenticate, grade, or take possession of any item. You accept these risks.

Because each sale or trade is a contract between the buyer and the seller, any dispute over item condition, authenticity, or grading is between those users. To the fullest extent permitted by law, you release DigiBinder and its officers, employees, and agents from all claims, demands, damages, and losses of every kind arising out of or connected with any item-condition, authenticity, or grading dispute between users, whether or not DigiBinder reviewed or decided a claim relating to it. This release does not limit DigiBinder’s obligations as merchant of record for payment processing, refunds, and payment disputes described in Sections 3, 7, and 9.

13. Prohibited conduct

You agree not to misuse the Service. A non-exhaustive list of prohibited conduct appears in our Community Guidelines and includes counterfeit or altered items, off-platform payment solicitation, fee avoidance, harassment, market manipulation, claim and chargeback abuse, scraping, and attempts to circumvent verification limits or security controls.

14. Intellectual property

The DigiBinder name, logo, app, website, and software are owned by DigiBinder and protected by intellectual property laws. You receive a limited, revocable, non-transferable license to use the Service for its intended purpose.

You retain ownership of the photographs and content you upload, and you grant DigiBinder a worldwide, royalty-free license to host, display, reproduce, and distribute that content for the purpose of operating and promoting the Service.

DigiBinder is not affiliated with, endorsed by, or sponsored by Nintendo, The Pokémon Company, Konami, Wizards of the Coast, Bandai, Disney, or any other trading card publisher. All card names, set names, and game references are the property of their respective owners.

Card artwork and other catalog imagery displayed in the Service are the property of their respective copyright holders. DigiBinder hosts and displays such imagery solely as reference material for catalog identification and marketplace browsing. DigiBinder does not claim ownership of that imagery. Catalog metadata and reference pricing may be supplied or derived from third-party data providers and are informational only.

If you believe content on the Service infringes your copyright, send a notice to our designated agent at support@digibinder.app (Copyright Agent, DigiBinder Labs, Inc., c/o Legalinc Corporate Services Inc., 131 Continental Dr, Suite 305, Newark, DE 19713, United States) that includes: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the material and information reasonably sufficient to locate it; (4) your contact information; (5) a statement that you have a good-faith belief the use is not authorized; and (6) a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act. We may remove the material and, where the poster is a user, notify them. A counter-notice must meet 17 U.S.C. § 512(g). Repeat infringers may lose their accounts.

15. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. DigiBinder does not warrant that catalog data, reference pricing, AI-assisted card recognition, condition grades, or delivery estimates are accurate, complete, or uninterrupted.

DigiBinder does not authenticate, grade, or inspect items before they ship, and makes no warranty regarding any item listed by a user. Reference prices are informational estimates and are not appraisals, offers, or guarantees of resale value.

16. Limitation of liability

To the maximum extent permitted by law, DigiBinder will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost resale value, lost data, or loss of goodwill, arising out of or relating to your use of the Service — including any item's authenticity, condition, or delivery, any claim decision, any suspension or withheld payout, and any conduct of another user.

To the maximum extent permitted by law, DigiBinder's total aggregate liability for all claims relating to the Service is limited to the greater of (a) the total marketplace fees you paid to DigiBinder in the 3 months before the event giving rise to the claim, or (b) 100 USD.

These limits apply even if a limited remedy fails of its essential purpose, and they are an essential basis of the bargain between us. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

17. Indemnification

You agree to indemnify, defend, and hold harmless DigiBinder and its officers, employees, and agents from claims, losses, liabilities, refunds, chargebacks, fines, and expenses (including reasonable legal fees) arising from items you list, sell, trade, or ship, your breach of these Terms or our Community Guidelines, your violation of any law or third-party right, or amounts we pay to a buyer on your behalf.

18. Suspension and termination

You may stop using the Service at any time and may request deletion of your account by emailing support@digibinder.app. We will complete deletion of profile and collection data that we are not required or permitted to keep, generally within 45 days. Transaction, payout, tax, and dispute records may be retained as described in the Privacy Policy. We may, at our sole discretion and without prior notice, suspend or terminate access, remove or unlist listings, cancel orders, withhold or delay payouts, impose reserves, or reverse transfers where we reasonably believe there has been fraud, claim or chargeback abuse, a Community Guidelines violation, a legal or payments-provider requirement, or a risk of loss to buyers, sellers, or DigiBinder.

Obligations that arose before termination — including refunds, bill-backs, negative payout balances, set-off rights, release, indemnification, and limitation of liability — survive termination.

19. Governing law, arbitration, and class-action waiver

These Terms are an agreement with DigiBinder Labs, Inc., a Delaware corporation. They are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, except where the law of the place where you live grants you non-waivable consumer protections.

Before filing any formal claim against DigiBinder, you agree to contact us at support@digibinder.app and to attempt informal resolution in good faith for at least 30 days.

If the dispute is not resolved informally, you and DigiBinder agree that it will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. Hearings may be held by video or telephone unless the AAA or applicable law requires otherwise. Either party may instead bring an individual claim in small-claims court, and either party may seek injunctive relief in court for misuse of intellectual property or unauthorized access to the Service.

You and DigiBinder each waive any right to a jury trial and agree that claims must be brought only in an individual capacity — not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. If the class-action waiver is found unenforceable as to a particular claim, that claim is severed and proceeds in court in Delaware (or, if you are a consumer, in a court in your county of residence if that forum is required by law), while the remainder stays in arbitration.

Any claim relating to the Service must be brought within one year after it arises, or it is permanently barred, except where a longer period is required by law.

20. Changes, force majeure, and miscellaneous

We may modify or discontinue any part of the Service at any time. DigiBinder is not liable for any delay or failure to perform caused by events beyond our reasonable control, including carrier disruption, payment-processor or hosting outages, natural events, labor action, and government action.

If you send us ideas, suggestions, or other feedback, you grant DigiBinder a worldwide, royalty-free, irrevocable license to use that feedback to operate and improve the Service. That license does not transfer ownership of photographs you upload beyond the content license in Section 14.

You may not use the Service if you are on a U.S. sanctions list, located in a comprehensively sanctioned jurisdiction, or otherwise prohibited from receiving U.S. services. You agree to comply with applicable export-control and sanctions laws.

You consent to receive agreements, notices, disclosures, and other communications from us electronically, including in the app and by email. If you verify a phone number, you also consent to receive transactional SMS related to verification, orders, and account security. Message and data rates may apply. You can reply STOP to opt out of non-essential SMS where that option is offered. Transactional messages about an order you placed may still be sent as permitted by law.

If you downloaded the app from the Apple App Store or Google Play, those storefronts' terms also apply. If there is a conflict about the storefront's responsibility to you, the storefront's terms control that conflict only.

If any provision of these Terms is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign your rights under these Terms without our consent; we may assign ours in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy, Community Guidelines, Buyer Protection Policy, Early Access terms, and (if you sell) the Seller Agreement, are the entire agreement between you and DigiBinder regarding the Service.

21. Contact

Questions about these Terms can be sent to support@digibinder.app or by mail to DigiBinder Labs, Inc., c/o Legalinc Corporate Services Inc., 131 Continental Dr, Suite 305, Newark, DE 19713, United States (registered agent for legal notices; not a public office).