Terms of Service

1. Acceptance of these Terms

By creating an account, using, or accessing The Binder (the "Service") you agree to be bound by these Terms of Service (the "Terms") and to the Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not create an account and do not use the Service.

These Terms replace the version dated September 22, 2026. Where you are asked to accept them again inside the Service, that acceptance is recorded against your account.

2. Who may use the Service

You must be at least 13 years old to use the Service. If you are under the age of majority in your jurisdiction, you represent that a parent or legal guardian has reviewed and accepted these Terms on your behalf and is responsible for your use of the Service. You may not use the Service if you are barred from doing so under the laws of your country of residence or any other applicable jurisdiction.

3. Your account

4. What The Binder is

The Binder is a Pokémon Trading Card Game portfolio tracking tool. It lets you catalogue cards and sealed products, organise them into binders, track what you paid against current market estimates, watch cards you do not own, scan cards with your camera, view market trends and analytics, and connect with other collectors.

Card data, images, and pricing are aggregated from third-party sources, including Scrydex for market pricing and catalogue data, pokemontcg.io and tcgdex.net for card metadata and images, and eBay for marketplace listings. Any figure the Service shows you, including current values, cost basis, gain or loss, ROI, portfolio health scores, population counts, index readings, and market trends, is informational only and is derived from third-party data that may be delayed, incomplete, inaccurate, or otherwise unreliable.

5. Not financial, investment, tax, or legal advice

Nothing on the Service constitutes financial, investment, tax, or legal advice. No content on the Service is a recommendation to buy, sell, hold, trade, grade, authenticate, insure, or otherwise act with respect to any trading card, sealed product, collectible, or other asset. Trading cards are collectibles whose value can fluctuate significantly and may decline to zero. You are solely responsible for your collecting, purchasing, selling, grading, authentication, insurance, and tax decisions, and for evaluating the risks and merits of any transaction.

6. Subscriptions, billing, and renewals

The Service offers a free tier and one paid subscription tier, Pro. What Pro includes is described inside the Service and may change; we will not remove a material paid benefit while you are paying for it without notice and, where a change is materially adverse to you, the opportunity to cancel.

7. Usage limits and fair use

Some features are metered. Card scanning and the Byte AI assistant carry monthly allowances that depend on your tier, and the Service shows you what you have used. Allowances reset each calendar month, do not roll over, and have no cash value. We may set, change, or enforce reasonable limits — including rate limits on requests to our servers — to keep the Service available and to control the cost of the third-party APIs behind it. Automated, scripted, or bulk use of metered features is not permitted.

8. The Byte AI assistant

Byte is an AI assistant built into the Service and powered by a third-party model provider. You should know that:

9. Card scanning and your camera

The card scanner uses your device's camera, with your permission, and you can also pick an existing photo instead. The captured image is sent to our server and forwarded to our card-identification provider so the card can be recognised. We do not keep the scan image after the request completes. You are responsible for what you point the camera at; do not capture other people, documents, or anything you do not have the right to photograph. You can revoke camera and photo access at any time in your device or browser settings, which turns the scanner off.

10. Your content

"Your Content" means the collection entries, purchase prices, notes, watchlists, binder names and settings, profile details, avatar and banner images, posts, replies, comments, and direct messages you create on the Service.

You retain ownership of Your Content. You grant The Binder a limited, worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, reproduce, and display Your Content solely as necessary to operate and provide the Service to you and, for content you choose to make public, to the people you share it with, and to back up and restore your data. This licence ends when you delete the content or your account, except for copies retained in routine backups for a limited period and anything we must keep by law.

You are responsible for the accuracy and legality of Your Content, and you represent that you have the rights necessary to grant the licence above for anything you upload.

11. Community rules

The Service includes social features — public profiles, following, direct messages, and community posting where it is enabled. When you use them you agree not to post, send, or upload content that:

The Service is not a marketplace. We do not host, broker, escrow, or guarantee any sale or trade between users. Any transaction you arrange with another collector is entirely between you and them, at your own risk.

12. Moderation, blocking, and reporting

You can block, mute, and report other users from inside the Service. Blocking hides that person's content from you and yours from them. Reports are reviewed by us and may result in content removal or account action.

We may remove content and suspend or terminate accounts that breach these Terms, and we may do so without prior notice where the breach is serious or where notice would risk harm. We are not obliged to monitor content, and moderation decisions are made with the information available to us. If you believe we got one wrong, write to support@thebinder.xyz and we will look again.

13. Permitted use and restrictions

You may use the Service for personal, non-commercial purposes in accordance with these Terms and all applicable laws. You agree not to: (a) scrape, crawl, bulk-download, resell, or redistribute Service content, card catalogue data, or pricing data accessed through the Service; (b) reverse engineer, decompile, or circumvent any security or access-control mechanism, including tier entitlements and usage meters; (c) access the Service by any automated means, or through any interface other than the ones we provide; (d) use the Service to infringe the intellectual property or privacy rights of any party; (e) use the Service in any way that is unlawful, fraudulent, abusive, or harmful; (f) probe, scan, overload, or otherwise interfere with the Service or its infrastructure; or (g) create an account to evade a suspension or block.

14. Third-party services and links

The Service relies on and links to third parties, including Supabase (authentication, database, and file storage), Anthropic (the Byte AI assistant), Scrydex (card pricing, catalogue, and image recognition), pokemontcg.io and tcgdex.net (card metadata and images), eBay (marketplace listings), and TCGPlayer, PriceCharting, and retailer sites (outbound reference links). The Privacy Policy lists what each one receives.

These providers operate under their own terms and privacy policies. The Binder does not control and is not responsible for third-party content, pricing, availability, or practices, and a link is not an endorsement. If a provider changes or withdraws its service, features that depend on it may change or stop working.

15. Intellectual property and non-affiliation

The Pokémon Trading Card Game, including all card names, card art, set names, logos, trademarks, and associated imagery, is the intellectual property of The Pokémon Company, Nintendo, Game Freak, Creatures, and/or Wizards of the Coast. The Binder is not produced by, endorsed by, supported by, sponsored by, or affiliated with any of these companies. All such intellectual property is used here solely for identification and informational purposes.

The Binder's own software, branding, original interface, written content, and non-Pokémon assets are the property of The Binder and are protected by applicable intellectual property laws. These Terms grant you a personal, revocable, non-transferable, non-exclusive licence to use the Service; they do not transfer any ownership to you.

16. Copyright complaints

If you believe content on the Service infringes your copyright, send a notice to support@thebinder.xyz identifying the work, the content you say infringes it and where to find it, your contact details, a statement that you believe in good faith the use is not authorised, and a statement that the information in your notice is accurate. We will investigate, may remove the content, and may terminate accounts of repeat infringers. If your content was removed and you believe that was a mistake, you can send a counter-notice to the same address.

17. Feedback

If you send us ideas, suggestions, bug reports, or other feedback, you grant us an unrestricted, irrevocable, royalty-free right to use it to improve the Service, with no obligation of confidentiality, attribution, or compensation. Do not send us anything you are not free to share.

18. Beta and early access

Some features are released in beta or behind early access. They are provided as-is, may be incomplete or unstable, may lose data, may have features disabled to control cost, and may be changed or withdrawn without notice. Feedback on beta features is welcome and is covered by section 17.

19. Suspension, termination, and deletion

You may delete your account at any time from Settings → Data & privacy → Danger zone. Deletion is permanent: your profile, collection, binders, watchlist, settings, posts, messages, and sync records are removed as described in the Privacy Policy, and we cannot restore them. Export your data first if you want to keep a copy.

We may suspend or terminate your account, with or without notice, if we reasonably believe you have breached these Terms, pose a security or legal risk, or have engaged in unlawful activity. We may also discontinue the Service, or any part of it; if we discontinue it entirely we will give reasonable notice and a window to export your data where we are able to. Upon termination your right to use the Service ends immediately. Sections 10 (licence, as limited there), 15, 17, 20, 21, 22, 24, and 26 survive termination.

20. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR AVAILABILITY. THE BINDER DOES NOT WARRANT THAT PRICING, VALUATION, POPULATION, SCAN IDENTIFICATION, AI OUTPUT, OR ANALYTICAL DATA IS ACCURATE, COMPLETE, TIMELY, OR FREE OF ERROR. THE BINDER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DATA WILL NOT BE LOST. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU, AND NOTHING IN THESE TERMS LIMITS ANY NON-EXCLUDABLE STATUTORY RIGHT YOU HAVE AS A CONSUMER.

21. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BINDER AND ITS OPERATORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, COLLECTION VALUE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE BINDER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100) OR THE AMOUNT YOU PAID THE BINDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW.

22. Indemnification

You agree to defend, indemnify, and hold harmless The Binder and its operators from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, Your Content, any transaction you arrange with another user, or your violation of these Terms or of any law or third-party right.

23. Changes to the Service and to these Terms

We are actively building the Service and may add, change, or remove features. We may also revise these Terms from time to time. Material revisions will be signalled by an updated "Effective" date and, where appropriate, by a re-acceptance prompt inside the Service; where the law requires it, we will give advance notice. Continued use of the Service after a revision takes effect constitutes your acceptance of the revised Terms. If you do not accept a revision, stop using the Service and delete your account.

24. Governing law and dispute resolution

Talk to us first. If you have a dispute, email support@thebinder.xyz with a description of the problem and what you want. We will try in good faith to resolve it within 30 days before either side starts a formal proceeding.

These Terms are governed by the laws of the State of Colorado and the United States, without regard to conflict-of-laws principles. To the extent permitted by law, any dispute arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved by binding individual arbitration seated in Colorado, and you waive any right to participate in a class, collective, or representative action. If arbitration is not available or is held unenforceable, the exclusive forum shall be the state and federal courts located in Larimer County, Colorado, and you consent to the personal jurisdiction of those courts.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief for misuse of intellectual property. You may opt out of the arbitration and class-waiver provisions by emailing support@thebinder.xyz with the subject "Arbitration opt-out" within 30 days of first accepting these Terms; opting out does not affect anything else in them.

If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose law gives you the right to bring proceedings in your local courts or that limits arbitration agreements, nothing here removes that right, and you keep the protection of the mandatory consumer-law provisions of the country where you live.

25. App store terms

If you obtained The Binder through the Apple App Store: these Terms are between you and The Binder only, not Apple. Apple has no obligation to furnish maintenance or support for the Service and no responsibility for any claim relating to it, including product liability, legal or regulatory non-compliance, or intellectual property infringement. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Your use must also comply with the Apple Media Services Terms of Use. If you obtained The Binder through Google Play, your use must comply with the Google Play Terms of Service, and Google is likewise not a party to these Terms.

26. General

These Terms, together with the Privacy Policy, are the entire agreement between you and The Binder about the Service. If any provision is held unenforceable, the rest remains in effect and the unenforceable provision is limited to the minimum extent necessary. Our failure to enforce a provision is not a waiver of it. You may not assign or transfer these Terms; we may assign them to a successor in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates a partnership, agency, or employment relationship. These Terms are written in English; a translation is provided for convenience only and the English version governs.

27. Contact

The Binder is operated by The Binder Ltd., a Colorado limited liability company, 4801 Signal Tree Drive L308, Timnath, CO 80547, United States. References to "The Binder", "we", "us", and "our" in these Terms mean The Binder Ltd. Questions about these Terms can be sent to support@thebinder.xyz.