Terms of Service
1. Agreement
These Terms are an agreement between you and GemX ("GemX", "we", "us") covering your use of gemxtcg.com, a trading card game (TCG) price and collection tracker, our apps and related services (the "Service"). By using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use the Service.
2. Who can use GemX
You must be at least 13 years old to create an account. If you're under 18, you need permission from a parent or guardian, who agrees to these Terms on your behalf. You're responsible for activity on your account, so keep access to your email and sign-in method secure and tell us right away about any unauthorized use.
3. Prices and information are estimates
Prices, values, grades, indexes, charts, pull rates and other information in GemX are compiled from third-party marketplace data and our own estimates, and may be delayed, incomplete or wrong. Estimated values (for example, for graded slabs without recent sales) are labeled as estimates.
- Information in GemX is for general information only. It is not financial, investment, tax or appraisal advice, and it isn't a guarantee of what any item will sell for.
- GemX doesn't buy, sell or hold cards, and isn't a party to any deal you make with anyone else. Always do your own research before buying, selling or trading.
- Price alerts are a convenience and may arrive late or not at all. Don't rely on them for time-sensitive decisions.
4. Your content
You own the collection data, notes, photos and other content you add ("Your Content"). You give us a limited permission to store, process and display Your Content only as needed to run and improve the Service for you, and to create anonymized, combined statistics that don't identify you. If you share content publicly through community features, other users can see it.
5. Acceptable use
Please don't:
- Scrape, crawl, copy or bulk-download prices or data from the Service, or resell our data, without our written permission.
- Reverse engineer, overload, disrupt or try to get around the Service's security or usage limits.
- Use the Service for anything illegal, fraudulent or misleading, including counterfeit or misrepresented items.
- Harass others, impersonate anyone, or post content that infringes someone else's rights.
- Create accounts with automated tools or share accounts to get around plan limits.
6. Upgrades and payments
Some features may require a paid plan. Prices and what's included will be shown before you buy. Subscriptions renew automatically until you cancel, and you can cancel anytime from your account or the app store you purchased through; cancellation takes effect at the end of the current billing period. Purchases made through Apple or Google are also subject to their terms and refund policies. Except where required by law or stated otherwise at purchase, payments are non-refundable. We may change prices with advance notice, and changes apply at your next renewal.
7. Our rights and trademarks
The Service, including its design, software, the GemX name and logo, and our own compilations and features, belongs to GemX and its licensors and is protected by law. We give you a personal, non-transferable, revocable right to use the Service under these Terms.
GemX is an independent tool and is not affiliated with, endorsed, sponsored or approved by Nintendo, Creatures Inc., GAME FREAK inc. or The Pokémon Company. Pokémon and any other trading card games shown in GemX, along with their card names, card images and related marks, belong to their respective owners and are used only to identify cards. GemX is likewise not affiliated with the publishers of any other trading card game it may cover. Other company and product names (such as grading companies and marketplaces) belong to their owners and are used for identification only.
8. Changes and ending the Service
We're always improving GemX, so features may change, be added or be removed. We may suspend or close accounts that violate these Terms or put the Service or other users at risk. You can stop using GemX and delete your account at any time.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We don't promise the Service will be uninterrupted, error-free or that prices will be accurate or current.
10. Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW, GEMX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA OR LOSSES FROM BUYING, SELLING OR TRADING ITEMS BASED ON INFORMATION IN THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR $50. Some places don't allow these limits, so they may not fully apply to you.
11. Indemnity
If you misuse the Service or break these Terms and that causes a claim against GemX, you agree to cover the reasonable costs of that claim, to the extent allowed by law.
12. Governing law and disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Before filing a claim, please contact us at [email protected] so we can try to resolve it informally. Any dispute that isn't resolved will be handled in the state or federal courts located in Texas, unless the law where you live gives you the right to bring it locally.
13. Changes to these Terms
We may update these Terms. We'll update the date above, and for significant changes we'll give notice in the app or by email. Continuing to use GemX after changes take effect means you accept them.
14. Contact
Questions about these Terms: [email protected]