1. Agreeing to these Terms
These Terms of Service (“Terms”) are an agreement between you and Utopia (“Utopia,” “we,” “us”) for your use of the Utopia POS iPhone app and the utopiamarket.app website (together, the “Service”). By creating an account or using the Service you agree to them. If you use the Service for a business, you agree on its behalf and confirm you may do so. Our Privacy Policy and Cookie Policy explain how we handle information.
2. Who can use it
You must be at least eighteen (18) years old, or the age of majority where you live if that is higher. The Service is meant for people who buy, sell and trade collectible cards, usually as a business or at card shows. You must give us a real email address you can receive mail at, and keep your account details up to date.
3. What the Service is
Utopia POS is a record-keeping tool. It helps you scan and identify cards, log your trades, buys and sales, keep an inventory with costs, market values and profit or loss figures, find and log card events, and receive alerts you choose.
- Utopia is not a party to your deals. We do not buy, sell, hold, ship, value or guarantee cards, and we do not take part in, broker or settle any trade, purchase or sale you log.
- Figures are estimates. Card identification, market prices, condition estimates, Trade %, cost basis and profit or loss are calculated from the data you enter and from third-party price sources. They can be wrong, out of date or missing. Check anything that matters before you rely on it.
- Not financial, tax or legal advice. The Service is not an accounting system of record. Keep whatever records your taxes and your business need; you can export your log from the app at any time.
- Event listings come from organisers and other sources. We do not run the events and do not promise they happen as listed.
4. Your account
- Keep your password private and use one you do not use elsewhere. You are responsible for what happens in your account until you tell us it has been compromised.
- Tell us at legal@utopiamarket.app if you think someone else has used it. You can end every session from the app by changing your password.
- You can delete your account in the app at any time (Account → Delete Account). What happens to your data is described in the Privacy Policy.
5. Your records
The records you log (trades, buys, sales, adjustments, events, notes and photos) are yours. You give us permission to store, copy, process and display them only as needed to run the Service for you: to keep them on your phone, back them up, sync them between your devices, calculate your figures and send the alerts you turn on. We do not show your records to other vendors.
The app keeps working offline and syncs when it can. We work hard not to lose data, but no system is perfect: export your log from time to time if it matters to you.
6. Acceptable use
Do not:
- use the Service for anything unlawful, including recording stolen or counterfeit goods as genuine, or for fraud;
- try to get into another person’s account or data, or probe, scan or test the Service’s security without our written permission;
- overload, disrupt or reverse-engineer the Service, or scrape or bulk-download its catalog or prices;
- resell or give others access to the Service, or to its card and price data, as your own product;
- send us spam or malicious files.
7. Card data, prices and intellectual property
Card names, images and prices come from third-party catalogs and price sources. Trademarks and card images belong to their owners (for example, Pokémon is a trademark of Nintendo, Creatures and GAME FREAK, and Utopia is not affiliated with or endorsed by them). The Service itself, its software, design and the Utopia name and logo are ours. We give you a personal, non-transferable licence to use the app on your Apple devices under these Terms and Apple’s standard licensed application terms.
8. Price and changes to the Service
The Service is free while it is in testing. If we later charge for it, or for some features, we will tell you before you are charged and you can choose not to continue. We may add, change or remove features, and may need you to update the app to keep syncing.
9. Suspension and ending
You can stop using the Service and delete your account at any time. We may suspend or close an account that breaks these Terms, puts other people or the Service at risk, or that the law requires us to close. Where we reasonably can, we will tell you first and give you a chance to export your records.
10. Disclaimers
The Service is provided “as is” and “as available.” To the maximum extent permitted by law, Utopia disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that card identifications, prices or figures are accurate, or that the Service will be uninterrupted or error-free.
11. Limitation of liability
To the maximum extent permitted by law, Utopia will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data, cards or goodwill, arising from your use of, or inability to use, the Service, including any deal you make relying on its figures. Utopia’s total liability for any claim about the Service will not exceed the greater of one hundred U.S. dollars (US$100) or what you paid us in the twelve months before the claim.
Some places do not allow these limits; where they don’t, they apply only as far as the law allows.
12. Indemnity
To the extent the law allows, you will defend and indemnify Utopia against third-party claims arising from your use of the Service in breach of these Terms or the law, or from the deals you make.
13. Disputes
Before starting any claim, contact us at legal@utopiamarket.app and give us sixty (60) days to try to resolve it informally. If that fails, any dispute about these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, by a single arbitrator, in the State of Delaware or by video at the arbitrator’s discretion. The Federal Arbitration Act governs this agreement to arbitrate. You and Utopia each give up the right to a jury trial and to take part in a class or representative action. Either of us may bring an individual claim in small-claims court instead.
14. Apple
These Terms are between you and Utopia, not Apple. Apple is not responsible for the app or its content, has no obligation to provide maintenance or support for it, and is not responsible for any claims about it (including product liability, legal or regulatory compliance, or intellectual-property claims). If the app fails to meet a warranty that applies, you may notify Apple for a refund of any price paid; Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You confirm you are not in a country under a U.S. Government embargo and are not on any U.S. Government list of prohibited or restricted parties.
15. Changes to these Terms
We will update this page when the Terms change and change the date above. For a material change we will tell you in the app or by email before it takes effect. If you keep using the Service after that, the new Terms apply; if you don’t agree, you can delete your account.
16. General and contact
These Terms, with the Privacy and Cookie Policies, are the whole agreement between you and Utopia about the Service. If a part is found unenforceable, the rest still applies. Not enforcing a term is not a waiver of it. You may not transfer these Terms without our consent; we may transfer them with the business. Questions: legal@utopiamarket.app, or the support page.