Terms of Service
Last updated: January 25, 2025
Welcome to NearMint. These Terms of Service ("Terms") govern your access to and use of NearMint's website, mobile applications, and services (collectively, the "Service"). Please read these Terms carefully before using our Service.
1. Acceptance of Terms
By accessing or using NearMint, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service. Your continued use of the Service following any changes to these Terms constitutes acceptance of those changes.
2. Eligibility
You must be at least 13 years old to use NearMint. If you are under 18 years old, you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. Users under 18 may not make purchases or connect eBay seller accounts without parental consent.
By using the Service, you represent and warrant that you meet these eligibility requirements and have the legal capacity to enter into these Terms.
3. Account Registration
To access certain features, you must create an account using Google OAuth authentication. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use of your account
- Ensuring your account information is accurate and up-to-date
We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.
4. Service Description
NearMint provides the following services:
- Collection Tracking: Organize and track your trading card collection across multiple TCG games including Pokemon, Yu-Gi-Oh!, Magic: The Gathering, One Piece, and Disney Lorcana
- Price Monitoring: Monitor eBay listings and receive alerts when cards matching your criteria are listed below market value
- AI Card Scanning: Use camera-based AI recognition to identify and add cards to your collection
- Stock Monitoring: Track product availability at major retailers including Target, Walmart, Best Buy, GameStop, and Pokemon Center
- eBay Selling Integration: List cards from your collection directly on eBay (PRO subscribers only)
- Community Features: Badges, leaderboards, competitions, and activity feeds
We reserve the right to modify, suspend, or discontinue any part of the Service at any time without prior notice.
5. Subscription Plans & Billing
Free Tier
The free tier includes unlimited collection tracking, 25 AI card scans per month, unlimited stock monitors, 3 search profiles, 15-minute refresh rates, and email notifications.
PRO Subscription
PRO subscriptions are available at $4.99/month or $49.99/year. PRO features include unlimited card scanning, unlimited search profiles, 2-minute refresh rates, stock monitor auto-open, eBay selling integration, Discord notifications, and priority support.
Billing
All payments are processed securely through Stripe. Subscriptions automatically renew unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings, and you will retain access until the end of your current billing period.
Refunds
We offer refunds within 7 days of initial purchase if you are not satisfied with the Service. Contact support@nearmint.cards to request a refund.
6. User Content
You retain ownership of content you submit to NearMint, including card images, collection data, and profile information ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, and process your content solely for the purpose of providing and improving the Service.
You represent and warrant that you own or have the rights to submit your User Content and that it does not violate any third-party rights or applicable laws.
7. Card Scanning Feature
The AI card scanning feature requires camera access on your device. Images captured for scanning are processed on our servers for card identification and are not permanently stored after processing is complete. The scanning feature is provided "as is" and may not correctly identify all cards. You are responsible for verifying the accuracy of scan results before adding cards to your collection.
Free accounts are limited to 25 scans per month, which reset on the 1st of each month. PRO subscribers have unlimited scanning.
8. eBay Integration
PRO subscribers may connect their eBay seller account to list cards directly from NearMint. This integration uses eBay's official OAuth system. By connecting your eBay account, you:
- Authorize NearMint to access your eBay seller data and create listings on your behalf
- Agree to comply with eBay's User Agreement and selling policies
- Acknowledge that NearMint is not responsible for any disputes, transactions, or issues that arise from your eBay sales
- Understand that eBay fees and policies are determined by eBay, not NearMint
You may disconnect your eBay account at any time through your account settings.
9. Intellectual Property
The NearMint name, logo, and all related graphics, software, and content are the property of NearMint and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent.
Trading card names, images, and related content are trademarks of their respective owners (The Pokemon Company, Konami, Wizards of the Coast, Bandai, Disney, etc.). NearMint is not affiliated with or endorsed by any trading card game publisher.
10. Prohibited Uses
You agree not to:
- Use the Service for any illegal purpose or in violation of any laws
- Attempt to gain unauthorized access to the Service or other users' accounts
- Interfere with or disrupt the Service or servers
- Use automated scripts, bots, or scrapers to access the Service without authorization
- Circumvent any access restrictions or usage limits
- Share your account credentials with others or operate multiple accounts
- Use the Service to distribute spam, malware, or harmful content
- Violate the intellectual property rights of others
- Harass, abuse, or harm other users
- Attempt to reverse engineer, decompile, or disassemble the Service
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Service will be uninterrupted, timely, secure, or error-free
- Price data, card identification, or other information will be accurate or complete
- Any errors in the Service will be corrected
- The Service will meet your specific requirements
Price information is provided for informational purposes only and should not be relied upon for investment decisions. Card values fluctuate and past performance does not guarantee future results.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEARMINT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
13. Indemnification
You agree to indemnify, defend, and hold harmless NearMint and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Your User Content
- Your eBay selling activities conducted through the Service
14. Termination
You may terminate your account at any time by contacting us at support@nearmint.cards. We may suspend or terminate your account immediately, without prior notice, if we believe you have violated these Terms or for any other reason at our sole discretion.
Upon termination, your right to use the Service will immediately cease. We may retain certain data as required by law or for legitimate business purposes. Provisions that by their nature should survive termination shall survive.
15. Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiations. If negotiations fail, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, with arbitration to take place in Delaware.
You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.
16. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.
We encourage you to review these Terms periodically for any updates.
17. Contact Information
If you have any questions about these Terms, please contact us:
NearMint
Email: support@nearmint.cards