Legal
Terms of Service
1. Agreement
These Terms are an agreement between you and SWOP Holdings Inc., a Delaware corporation ("SWOP", "we", "us"), which owns and operates Pop Collect. They cover the Pop Collect website, the Pop Collect dashboard and its connections to other services (together, the "Service"). By creating an account or using the Service you agree to these Terms and confirm you have read our Privacy Policy.
If you use the Service for a business, you agree to these Terms on its behalf and confirm you have authority to do so. "You" then means both you and that business.
2. The Service
Pop Collect helps trading card sellers track their inventory against market prices. It compares your cards with recent sales, flags pricing opportunities, cards selling below cost and slow stock, and can change your prices on connected stores when you confirm a change.
Market prices, alerts and suggested prices are estimates based on third-party data, which can be incomplete, delayed or wrong, and cards can be matched to the wrong listings. They are information, not financial, investment or tax advice. You decide what to buy, sell and charge, and you are responsible for those decisions.
We may change, add or remove features. If we remove a feature you are paying for in a way that materially reduces the Service, we will tell you in advance and you may cancel.
3. Your account
- You must be at least 18 to use the Service.
- Give us accurate information and keep it up to date.
- Keep your sign-in details secure. You are responsible for activity on your account, and you must tell us promptly at contact@swop.trade if you think someone else has accessed it.
- The demo account is for trying the Service. Changes made in it are not saved.
4. Plans and billing
- Paid plans are billed monthly in advance. The price depends on how many cards you track, as shown on our pricing section at the time you subscribe. Prices exclude taxes, which we add where required.
- Your subscription renews automatically each month until you cancel. You can cancel at any time in the dashboard, and your plan stays active until the end of the period you have paid for.
- Except where the law requires otherwise, payments are non-refundable and we do not give refunds or credits for partial months.
- We may change our prices with at least 30 days' notice. A new price applies from your next billing period after the notice ends, and you can cancel before then.
- If a payment fails, we may limit or suspend your account until it is paid.
If you are a consumer in the EU or UK: you have the right to withdraw from a new subscription within 14 days of buying it. Because the Service starts straight away, you ask us to start it during that period, and if you withdraw we may charge for the days you used it.
5. Your content and data
"Your Content" means the information you put into the Service, such as your inventory, prices, notes, store name and logo. You keep ownership of Your Content.
You give SWOP a worldwide, non-exclusive, royalty-free licence to host, copy, process and display Your Content to provide, secure and improve the Service and to develop new features.
You also allow SWOP to create anonymised, aggregated data from the inventory information you enter ("Aggregated Data"), as described in section 4 of our Privacy Policy. Aggregated Data does not identify you or your store, is combined with other sellers' data, and never includes data we receive from eBay, Shopify, Discord or Slack. SWOP owns Aggregated Data and may use, sell and license it, including after your account is closed. You can opt out of future Aggregated Data as the Privacy Policy explains.
You confirm you have the right to give us Your Content and that it does not break any law or anyone else's rights.
6. eBay, Shopify, Discord and other services
- Pop Collect can connect to services run by other companies, including eBay, Shopify, Discord, Slack and Google. Your use of each one is also governed by its own terms and policies, and you must follow them.
- Pop Collect is not affiliated with or endorsed by eBay, Shopify, Discord, Slack, Google, any card publisher or any grading company. Their names and trademarks belong to them.
- When you connect a store or account, you authorise us to access it and, when you confirm a change, to update prices and listings on your behalf. We make no change without your confirmation. You are responsible for your listings, prices and sales on those services.
- These services can change or withdraw access to their data and features at any time. We are not responsible for them, and a part of the Service may stop working if one of them changes.
7. Acceptable use
You agree not to:
- use the Service for anything illegal or fraudulent, including selling counterfeit cards or misrepresenting items;
- copy, resell, sublicense or share access to the Service, or share your account;
- scrape, crawl or use automated means to extract data from the Service, beyond any export features we provide;
- reverse engineer the Service, except where the law allows it despite this restriction;
- interfere with the Service's security or performance, or try to access other users' accounts or data;
- use the Service, or data from it, to build a competing product or to train artificial intelligence models;
- upload malware or content that infringes anyone's rights.
8. Our intellectual property
The Service, including its software, design, logos, the Pop Collect name and the arcade games on our website, belongs to SWOP and its licensors. These Terms give you a limited, non-exclusive, non-transferable right to use the Service for your own business or personal use while your account is in good standing. If you send us feedback or ideas, we may use them without any obligation to you.
9. Arcade
The games on our website are free and for fun. They have no prizes, and the cards in Pack Rip are invented and have no value.
10. Ending your account
You can close your account at any time from the dashboard's settings. We may suspend or close your account if you seriously or repeatedly break these Terms, if you don't pay, or if the law requires it. Where reasonable, we will tell you first and give you a chance to export your data. Sections 5 (the Aggregated Data licence), 8, 11, 12, 13 and 14 continue after your account ends.
11. Disclaimers
To the extent the law allows, the Service is provided "as is" and "as available". We do not promise that it will be uninterrupted or error-free, or that market data, prices or alerts will be accurate, complete or timely, and we disclaim all implied warranties, including of merchantability, fitness for a particular purpose and non-infringement.
12. Limitation of liability
To the extent the law allows, SWOP is not liable for indirect, incidental, special or consequential losses, or for lost profits, revenue, sales or data, including losses from pricing decisions you make using the Service. SWOP's total liability for all claims relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim arose and USD 100.
Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
13. Indemnity
If you use the Service for a business, you will defend and compensate SWOP for claims, losses and costs arising from Your Content, your listings and sales, or your breach of these Terms or of a connected service's terms.
14. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, USA, and disputes will be heard by the state or federal courts in Delaware. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you may bring a claim in its courts. Before starting any claim, please contact us so we can try to resolve it.
15. General
- We may update these Terms. We will post changes here and, for significant changes, tell you by email or in the dashboard at least 30 days before they take effect. If you keep using the Service after that, the new Terms apply.
- If any part of these Terms can't be enforced, the rest still applies.
- You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets.
- These Terms and our Privacy Policy are the whole agreement between you and SWOP about the Service.
16. Contact
contact@swop.trade, or SWOP Holdings Inc., [registered address].