Terms of Use

1. Acceptance of Terms

By creating an account, downloading the app, or using any part of the Service, you confirm that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using PokeSwift on behalf of a business, you represent that you have authority to bind that business to these Terms.

2. Launch Notification List

• By submitting your email, you consent to receive launch notifications, product updates, and occasional service-related messages from PokeSwift.
• The notification list is intended for Pokemon card vendors, trade show staff, and sellers.
• You may opt out at any time by clicking the unsubscribe link in any email or contacting us at contact@yayfuninc.com.

3. Description of Service

PokeSwift is a point-of-sale tool designed for Pokemon card vendors. It provides:

• AI-powered card recognition via camera
• Pricing reference data aggregated from third-party marketplaces (TCGplayer, Collectr, etc.)
• Catalog browsing for Pokemon card sets
• Transaction management tools for buying and trade-ins
• Checkout calculations and cart management

4. PRICING RESPONSIBILITY AND DISCLAIMER

THIS IS THE MOST IMPORTANT SECTION. PLEASE READ CAREFULLY.

• You Are Responsible for All Pricing Decisions: PokeSwift provides pricing data as a reference tool only. All prices, offers, and trade-in values you present to customers are YOUR responsibility, not ours.
• Verify Before Accepting Payment: You must independently verify all prices, totals, and valuations before completing any transaction with a customer. Do not rely solely on PokeSwift's displayed prices.
• Third-Party Data: Pricing data is sourced from third-party marketplaces and may be outdated, inaccurate, incomplete, or unavailable. Market prices fluctuate constantly. PokeSwift does not guarantee the accuracy, timeliness, or completeness of any pricing information.
• AI Recognition Errors: Our AI card recognition feature may misidentify cards, miss details (edition, condition, variant), or fail to recognize cards entirely. Always manually verify card details before pricing.
• No Guarantee of Profitability: PokeSwift does not guarantee that using our pricing recommendations will result in profitable transactions. You are solely responsible for determining fair market value and setting your own buy/sell prices.
• Your Business, Your Liability: Any financial loss, customer dispute, pricing error, or transaction mistake is your responsibility. PokeSwift is a tool to assist you—it does not make pricing decisions on your behalf.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• PokeSwift is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied.
• We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
• We are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Service, including but not limited to:
  • Financial losses from incorrect pricing or transaction errors
  • Lost profits or revenue
  • Customer disputes or chargebacks
  • Data loss or corruption
  • Business interruption or downtime
  • Errors in AI card recognition or pricing data
• Our total liability to you for any claims arising from the Service shall not exceed the amount you paid us in the 12 months prior to the claim, or $100, whichever is greater.

6. User Responsibilities and Acceptable Use

• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
• Accurate Information: You agree to provide accurate, current, and complete information when creating your account.
• Compliance with Laws: You must comply with all applicable laws and regulations when using PokeSwift, including tax reporting and consumer protection laws.
• Prohibited Activities: You may not:
  • Use the Service for any illegal or fraudulent purpose
  • Attempt to reverse engineer, decompile, or extract the source code
  • Use automated tools to scrape or download pricing data
  • Interfere with or disrupt the Service or servers
  • Impersonate others or misrepresent your affiliation with any entity
  • Share your account credentials with unauthorized users

7. Intellectual Property

• PokeSwift and its original content, features, and functionality are owned by Yayfun Inc. and are protected by copyright, trademark, and other intellectual property laws.
• You are granted a limited, non-exclusive, non-transferable license to use the Service for your business purposes.
• Pokemon and Pokemon card names, images, and trademarks are owned by The Pokemon Company and Nintendo. PokeSwift is not affiliated with, endorsed by, or sponsored by The Pokemon Company or Nintendo.

8. Data and Privacy

• Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
• You retain ownership of your transaction data, but you grant us a license to use it to provide and improve the Service.
• We may use aggregated, anonymized data for analytics and product improvements.

9. Service Availability and Changes

• We strive to keep PokeSwift available 24/7, but we do not guarantee uninterrupted access.
• We may modify, suspend, or discontinue any part of the Service at any time with or without notice.
• We may update these Terms from time to time. Continued use after changes are posted constitutes acceptance of the new Terms.

10. Termination

• You may stop using the Service and delete your account at any time.
• We may suspend or terminate your access if you violate these Terms or engage in conduct that we determine to be harmful to other users or the Service.
• Upon termination, your right to use the Service immediately ceases, though provisions regarding liability, indemnification, and dispute resolution survive.

11. Indemnification

You agree to indemnify, defend, and hold harmless PokeSwift, Yayfun Inc., and our officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law or rights of a third party
• Any transaction or pricing decision you make using the Service

12. Dispute Resolution

• These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
• Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except that either party may seek injunctive relief in court.
• You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Miscellaneous

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and PokeSwift.
• Severability: If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.
• No Waiver: Our failure to enforce any provision does not waive our right to enforce it later.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms without restriction.

14. Contact Us

If you have questions about these Terms of Use, please contact us:

• Email: contact@yayfuninc.com
• Company: Yayfun Inc.