Terms of Service

Please read these Terms carefully. Section 18 contains a binding arbitration agreement and class action waiver that affect how disputes between you and HitScanTCG are resolved.

1. Acceptance of Terms

These Terms of Service ("Terms") form a binding contract between you and HitScanTCG LLC, a Washington State limited liability company ("HitScanTCG," "we," "our," or "us"). By creating an account, downloading the HitScanTCG desktop application, accessing hitscantcg.com or any HitScanTCG domain, purchasing a subscription, or transacting on our marketplace (collectively, the "Service"), you represent that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service.

These Terms incorporate by reference our Privacy Policy, Refund Policy, Shipping Policy, Anti-Gambling Policy, Cookie Policy, Accessibility Statement, and — for streamers — the Marketplace Seller Agreement.

2. Description of the Service

HitScanTCG provides two integrated product lines under a single platform:

• Scanner Tool. A desktop application that uses your camera and AI vision to identify Pokémon Trading Card Game cards in real time, retrieves publicly available market pricing, and displays results through an OBS-compatible overlay. Available on a free tier with limited scans, or on a paid Pro subscription with higher usage limits and premium features.
• Marketplace. An online two-sided marketplace on which verified streamers ("Streamers") list sealed trading card products for sale at a fixed price, buyers ("Viewers") purchase specific, identified products, and Streamers open those products on a livestream while delivering the purchased items to the Viewer.

HitScanTCG is not affiliated with, endorsed by, or sponsored by The Pokémon Company, Nintendo, Game Freak, Creatures Inc., or any trading card game publisher.

3. Eligibility and Age Requirements

• Scanner Tool users (free tier): You must be at least 13 years old. Users under 18 must have parental or legal guardian consent.
• Paid subscriptions, Marketplace purchases, and Streamer accounts: You must be at least 18 years old and capable of forming a binding contract under the laws of your jurisdiction. We require date-of-birth verification at checkout or Streamer onboarding.
• Prohibited persons: You may not use the Service if you are located in, or are a national of, any country subject to U.S. government embargo, or if you are on any U.S. government restricted-party list.
• By using the Service, you represent and warrant that you meet all applicable requirements.

4. Accounts

• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. We recommend you use a strong, unique password and enable any multi-factor authentication features we offer.
• You must provide accurate, current, and complete registration information and promptly update it as it changes.
• You may not create more than one active account, use another person’s account without permission, or transfer your account to any other person without our written consent.
• Notify us immediately at security@hitscantcg.com of any suspected unauthorized access. We are not liable for losses resulting from your failure to protect your credentials or from delayed notice of compromise.

5. Acceptable Use

You agree not to, and not to permit any third party to:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent such activity is expressly permitted by applicable law that cannot be waived by contract.
• Bypass, disable, or otherwise interfere with rate limits, usage quotas, authentication, security features, or any technological protection measures.
• Redistribute, resell, sublicense, rent, lease, loan, or time-share the Service or any component of it.
• Use the Service to infringe, misappropriate, or violate the intellectual property, publicity, or privacy rights of any person.
• Use the Service to transmit malware, viruses, ransomware, scraping tools, or any harmful or deceptive code.
• Use the Service for any unlawful purpose, including but not limited to fraud, money laundering, tax evasion, trafficking in counterfeit goods, or any activity that violates the Anti-Gambling Policy.
• Harass, threaten, dox, defame, or impersonate any person through the Service.
• Conduct, promote, or facilitate any lottery, raffle, sweepstakes, prize promotion, or gambling activity on or through the Service.
• Use automated means (bots, scripts, scrapers) to access the Service except where expressly authorized by us in writing.

6. Scanner Tool — Subscriptions and Usage

• The Scanner Tool is offered in a free tier (limited daily scans, basic overlay) and a paid Pro tier (higher daily scans, premium features, priority processing). Current pricing is displayed at hitscantcg.com/pricing.
• Pro subscriptions are billed in advance on a monthly or annual cycle through Stripe, Inc. ("Stripe"), our payment processor. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel.
• You may cancel at any time through your account settings or by contacting support@hitscantcg.com. Cancellation takes effect at the end of the current billing cycle. You will retain access to Pro features through that date.
• We reserve the right to change pricing with at least 30 days’ advance notice to existing subscribers. Continued use after the effective date constitutes acceptance.
• Scan accuracy disclaimer. Card identification uses AI vision and is not guaranteed. Always independently verify card identity, condition, and authenticity before making purchase, sale, grading, or insurance decisions based on scan results. Pricing data is sourced from third-party providers and is informational only; actual market prices vary.
• Rate limits and scan quotas may be adjusted with reasonable advance notice. We may temporarily suspend access if we detect abuse, fraud, or quota circumvention.

7. Marketplace — Transactions Between Streamers and Viewers

7.1 Platform role

HitScanTCG provides a software platform that enables Streamers to list and sell sealed trading card products to Viewers. Streamers are the merchants of record for all sales on the Marketplace. Each Streamer connects their own Stripe payment account ("Connected Account") via Stripe Connect, and Viewer payments flow directly from the Viewer to the Streamer’s Connected Account using Stripe Connect direct charges. HitScanTCG does not hold, route, or take title to any Marketplace funds, products, or items. HitScanTCG receives a software service fee through Stripe Connect’s Application Fee mechanism (see Section 7.3). HitScanTCG is not a marketplace facilitator for purposes of state marketplace facilitator tax laws.

7.2 Viewer purchases

• Each Marketplace listing identifies a specific, named product (for example, a sealed Pokémon TCG booster pack of an identified set). When you purchase a listing, you are buying that specific product, not a chance, prize, or random outcome.
• Prices are set by the Streamer. The total at checkout may include applicable sales tax (computed by the Streamer’s payment system, where the Streamer has elected to collect it) and payment processing fees, all of which are disclosed in the order summary before you confirm the purchase.
• Payment is processed by Stripe. By completing checkout, you authorize Stripe to charge your payment method for the full order total.
• After purchase, the Streamer opens your purchased product on a livestream. You receive all contents of the specific product you purchased, without selection, substitution, or prize element. The Streamer ships the items to your address in accordance with the Shipping Policy.
• Refunds, returns, and dispute resolution are governed by the Refund Policy.

7.3 Streamer listings

• Streamer use of the Marketplace is additionally governed by the Marketplace Seller Agreement.
• Streamers set their own prices, inventory, shipping terms (consistent with our minimums), and account hours, subject to these Terms, the Seller Agreement, and the Anti-Gambling Policy.
• We charge Streamers a software service fee of 1.5% of the gross transaction total on each completed Marketplace sale, collected automatically through Stripe Connect’s Application Fee mechanism. This fee is in addition to any Stripe payment-processing fees, which Stripe assesses against the Streamer’s Connected Account directly. The current fee schedule is published in the Marketplace Seller Agreement and may be updated with at least 30 days’ notice.
• Payouts to Streamers are processed by Stripe directly through the Streamer’s Connected Account on Stripe’s standard payout schedule. Streamers complete Stripe’s onboarding, including identity and Know-Your-Customer ("KYC") verification, before activating Marketplace listings.

7.4 Prohibited listings

The following may not be listed or sold on the Marketplace:

• Counterfeit, fake, or unauthorized reproduction cards or products.
• Unsealed "mystery" or unidentified packs where the specific product is not disclosed.
• "Ripped," "ripped-and-shipped," or aftermarket-sorted product packaging misrepresented as factory sealed.
• Prize draws, raffles, sweepstakes, or any chance-based promotion (see Anti-Gambling Policy).
• Bundled offers where the specific contents are withheld until after purchase.
• Items the Streamer does not have clear title to or the lawful right to sell.
• Items sanctioned, embargoed, or otherwise unlawful to sell under applicable law.

8. Taxes

• Sales tax. Because Streamers are the merchants of record and Viewer payments flow directly to the Streamer’s Stripe Connected Account, each Streamer is responsible for determining, collecting, and remitting any sales, use, value-added, or other transaction taxes arising from their Marketplace sales. Streamers may use Stripe Tax or comparable services through their Connected Account, or they may self-remit. HitScanTCG does not collect, calculate, or remit sales tax on a Streamer’s behalf.
• Streamer income reporting. Tax forms reflecting payments received, including IRS Form 1099-K where applicable, are issued by Stripe to the Streamer’s Connected Account in accordance with Stripe’s reporting obligations and applicable law. HitScanTCG does not issue 1099-Ks to Streamers for Marketplace sales.
• Streamer non-sales taxes. Streamers are responsible for their own income, self-employment, and other non-sales taxes arising from Marketplace earnings.
• HitScanTCG software service fees. Software service fees that HitScanTCG receives through Stripe Connect’s Application Fee mechanism are HitScanTCG’s revenue and are reported by HitScanTCG separately. Streamers are not required to issue tax forms to HitScanTCG for these fees.
• Subscription fees. Pro subscription charges are billed by HitScanTCG (via Stripe) to the subscriber’s payment method and may include applicable sales or consumption tax in jurisdictions where HitScanTCG is required to collect it on subscription services.
• International Viewers. Viewers outside the United States are responsible for any import duties, value-added tax (VAT), goods and services tax (GST), or customs charges imposed by their jurisdiction on their purchases.

9. Intellectual Property

9.1 Our IP

The Service, including its software, AI pipeline, scan gating engine, two-stage identification logic, overlay system, website design, logos, and all other materials provided by us, is owned by HitScanTCG LLC and protected by copyright, trademark, trade secret, and patent-pending rights. No rights are granted to you except the limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. "HitScanTCG" is a trademark of HitScanTCG LLC.

9.2 Third-party IP

Pokémon and Pokémon TCG are trademarks of The Pokémon Company, Nintendo, Creatures Inc., and Game Freak. All card names, images, and set identifiers belong to their respective rights holders and are used for descriptive and informational purposes consistent with fair use. Card pricing data is sourced from publicly available marketplaces.

9.3 User content license

You retain ownership of content you upload to the Service (avatars, logos, store descriptions, product photos, stream titles, etc. — "User Content"). By submitting User Content, you grant HitScanTCG a worldwide, non-exclusive, royalty-free, sublicensable license to host, reproduce, display, transmit, adapt (for technical formatting only), and distribute that User Content solely for the purpose of operating, improving, and promoting the Service. You represent that you have all rights necessary to grant this license and that your User Content does not infringe any third-party rights.

9.4 DMCA / Copyright complaints

We respond to valid notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act. Instructions and the designated agent’s contact information are published at hitscantcg.com/dmca.

10. Privacy

Your use of the Service is governed by our Privacy Policy, which describes the personal data we collect, how we use and share it, your privacy rights (including rights under the California Consumer Privacy Act, General Data Protection Regulation, and other state and international privacy laws), and how to contact us. The Privacy Policy is incorporated into these Terms by reference.

11. Suspension and Termination

• By you: You may stop using the Service at any time, cancel your subscription, or request deletion of your account through your account settings or by contacting support@hitscantcg.com.
• By us: We may suspend or terminate your access, in whole or in part, at any time and without advance notice if (a) you breach these Terms or any incorporated policy, (b) we reasonably suspect fraud, money laundering, sanctions violations, or abuse, (c) a payment fails and is not cured within a reasonable time, (d) continued provision would violate applicable law, or (e) we discontinue the Service or a material part of it.
• Upon termination, your right to use the Service ends immediately. Sections 5, 8, 9, 12, 13, 14, 15, 16, 17, 18, 19, and 20 survive termination.
• If your account is terminated for cause, we may withhold any in-transit or pending payouts pending resolution of the underlying issue, consistent with the Seller Agreement and applicable law.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted by applicable law, HitScanTCG disclaims all warranties, express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, quiet enjoyment, and title, and any warranties arising out of course of dealing or trade usage.

• We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any card identification will be accurate, complete, or current.
• AI identification may produce incorrect results. You are solely responsible for independent verification before any purchase, sale, grading, or insurance decision.
• Pricing data is informational and not a guarantee of market value. We do not provide investment, financial, or appraisal advice.
• We do not warrant the conduct of Streamers or Viewers and are not liable for their acts or omissions.

Some jurisdictions do not allow the exclusion of certain warranties; to that extent, the above exclusion may not apply to you.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HITSCANTCG, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNT YOU PAID HITSCANTCG IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations of liability; the above limitation applies to the maximum extent permitted by applicable law.

14. Indemnification

You will defend, indemnify, and hold harmless HitScanTCG and its officers, directors, members, employees, contractors, and agents from and against any and all third-party claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your use or misuse of the Service; (b) your violation of these Terms or any incorporated policy; (c) your User Content; (d) your violation of any applicable law or the rights of any third party; or (e) for Streamers, any dispute between you and a Viewer arising from a transaction conducted on the Marketplace.

15. Modifications to the Service

We may add, change, suspend, or discontinue any part of the Service at any time. For material changes that reduce functionality available to paid subscribers, we will provide at least 30 days’ advance notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service, except for the obligation to refund any pre-paid, unused subscription fees attributable to the discontinued functionality.

16. Changes to These Terms

We may revise these Terms from time to time. If we make material changes, we will provide at least 30 days’ advance notice to registered users by email and by posting a notice on the Website, and we will update the "Last updated" date above. Non-material changes take effect on posting. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to a revision, your sole remedy is to stop using the Service.

17. Force Majeure

Neither party will be liable for any delay or failure to perform any obligation (other than payment obligations) under these Terms caused by events beyond that party’s reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbance, pandemic, failure of public infrastructure, internet or telecommunications failures, or action of a third-party service provider (including Stripe, Google Cloud, Fly.io, Vercel, Cloudflare, Resend, or Neon).

18. Dispute Resolution — Arbitration, Class Action Waiver

18.1 Informal resolution first

Before filing a claim, you and HitScanTCG agree to try to resolve the dispute informally. Contact us at legal@hitscantcg.com with a written description of the dispute and the relief you seek. We will respond within 30 days. If the dispute is not resolved within 60 days of your notice, either party may proceed to arbitration.

18.2 Binding arbitration

Except for claims eligible for small claims court and claims for injunctive relief relating to intellectual property, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will take place in King County, Washington, or by remote proceeding at the claimant’s election. The arbitrator’s award is final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration clause.

18.3 Class action waiver

YOU AND HITSCANTCG AGREE THAT ANY DISPUTE MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. If this class-action waiver is found unenforceable as to any claim, then that claim must proceed in court and not in arbitration, but the remainder of this Section 18 remains in force.

18.4 30-day opt-out

You may opt out of this arbitration and class-action waiver by sending written notice to legal@hitscantcg.com within 30 days after first accepting these Terms. The notice must include your name, account email, and a clear statement that you opt out. Opting out does not affect any other provision of these Terms.

19. Governing Law and Venue

These Terms are governed by the laws of the State of Washington, United States, without regard to conflict-of-law principles. Subject to Section 18, any claim that may be brought in court must be brought exclusively in the state or federal courts located in King County, Washington, and the parties consent to the personal jurisdiction of those courts.

20. General

• Entire agreement. These Terms, together with all incorporated policies, constitute the entire agreement between you and HitScanTCG regarding the Service and supersede any prior agreements on the same subject matter.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to be enforceable.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of substantially all of our assets.
• Notices. We may deliver notices to you by email to the address on file or by posting on the Website. You may deliver notices to us at legal@hitscantcg.com.
• Independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
• Export compliance. You will comply with all applicable U.S. and international export-control and sanctions laws.

21. Contact

• General support: support@hitscantcg.com
• Legal and arbitration notices: legal@hitscantcg.com
• Security and account compromise: security@hitscantcg.com
• Copyright / DMCA: hitscantcg.com/dmca
• Privacy requests: privacy@hitscantcg.com
• Mailing address: HitScanTCG LLC, Sammamish, Washington, United States (full address available on request for legal service; registered agent listed with the Washington Secretary of State).